Wellington Muramba v Hazel Tendai Hanyani (In her capacity as Executrix of the estate of the late Vincent Matongo DR No. 1954/18) and The Master of the High Court N.O and The Sheriff of Zimbabwe N.O

HH 783-22

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Case Details

Court

Harare High Court

Date

3 November 2022

Citation

HH 783-22

Neutral Citation

[2022] ZWHH 783

Outcome

unknown

Case Type

Application

Bench

Presiding

MAXWELL J

Full Bench

MAXWELL J

Areas of Law

Civil ProcedureAdministration of EstatesProperty Law

Keywords

Writ of ExecutionDeceased PartySubstitutionDefective WritSet Aside

Key Issues

{"issue_text":"Whether the writ of execution issued on 27 September 2021 is valid given it cites a deceased party.","issue_type":"procedural","dispositive":"yes","related_facts":"Writ cites deceased Vincent Matongo; Rule 32(9) requires substitution."}
{"issue_text":"Whether the applicant is entitled to an order for the provision of the estate's RTGS banking details.","issue_type":"procedural","dispositive":"no","related_facts":"Applicant received deposit in USD; Supreme Court order does not specify payment currency."}
{"issue_text":"Whether costs should be awarded to the successful party.","issue_type":"procedural","dispositive":"no","related_facts":"Applicant is clutching at technicalities despite admitted indebtedness."}

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Facts of the Case

Background

The applicant had a judgment against Vincent Matongo for payment of money. Vincent died, and the first respondent became the executrix of his estate. A writ of execution was issued citing the deceased Vincent as the plaintiff, which the applicant sought to set aside as defective for failing to substitute the deceased's estate.

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