Vimbai Nyemba N.O. v Richard Garikai Chakabva N.O. and Mirian Maraire and Rothwell Chakabva and Roy Chakabva and Memory Chakabva and Master of the High Court

HH 224-18

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Case Details

Court

Harare High Court

Date

2 April 2018

Citation

HH 224-18

Neutral Citation

[2018] ZWHH 224

Outcome

unknown

Case Type

Trial

Bench

Presiding

TAGU J

Full Bench

TAGU J

Areas of Law

Property LawSuccession and Estate Planning

Keywords

immovable propertytransfer of titlewaiver of rightshearsay evidenceestate of deceased

Key Issues

{"issue_text":"Whether Richard Garikai Chakabva sold Stand 8519 Glen View 8 to Nayison Mashavave","issue_type":"fact","dispositive":"yes","related_facts":"No evidence of sale agreement; hearsay testimony; letter dated 15/2/88"}
{"issue_text":"Whether there were improvements on the property and who developed it","issue_type":"fact","dispositive":"no","related_facts":"Construction of four-roomed house; later expansion to seven rooms"}
{"issue_text":"Whether the Estate of Nayison Mashavave waived its right to claim the property","issue_type":"law","dispositive":"yes","related_facts":"Failure to object to registration; delay in claiming; acquiescence"}

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Facts of the Case

Background

The plaintiff, as Executrix Dative of the Estate of Nayison Mashavave, sought a declaration that Stand 8519 Glen View 8, Harare belonged to her deceased's estate, alleging it was purchased from the late Richard Garikai Chakabva. The defendants claimed the property remained registered in Richard's estate and that no valid sale agreement existed. The court found no evidence of a sale and dismissed the claim.

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