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Harare High Court
WINNIE MAKWARA, BETHELEM MAKWARA and AZARIA MAKWARA v GRACE CHITURA and OLIVER MASOMERA (In his capacity as Executor of the Estate Zebediah Mudimu Makwara) and MASTER OF THE HIGH COURT
HH 122-18
Case Details
Court
Harare High Court
Date
7 March 2018
Citation
HH 122-18
Neutral Citation
[2018] ZWHH 122
Outcome
unknown
Case Type
Review
Bench
Presiding
MWAYERA J
Full Bench
MWAYERA J
Areas of Law
Administration of EstatesFamily LawProperty Law
Keywords
Master of the High CourtDistribution PlanSurviving SpousesBeneficiariesImmovable Property
Tags
Estate DistributionInheritanceMatrimonial Property
legislation
Statutes Cited
- High Court Act
- High Court Act
- Administration of Estates Act
- Administration of Estates Act
- Administration of Estates Act
- Administration of Estates Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicants adopted the correct procedure in bringing the present application before the court","issue_type":"procedural","dispositive":"no","related_facts":"The applicants brought the application by way of review under sections 26 and 27 of the High Court Act"}
- {"issue_text":"Whether the grounds for review raised are competent grounds for review","issue_type":"law","dispositive":"no","related_facts":"The applicants raised illegality, irrationality, and procedural impropriety"}
- {"issue_text":"Whether the third respondent erred by awarding the immovable property to the first respondent as her sole and exclusive property","issue_type":"law","dispositive":"yes","related_facts":"The property was acquired in 1981 before the first respondent's marriage in 1994"}
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background
Facts of the Case
Background
The applicants, children of the late Zebediah Mudimu Makwara, sought to review the Master's decision to award House No. 17 Glamis Road, Hatfield, Harare to the deceased's 8th wife as her sole and exclusive property. The property was acquired in 1981, before the marriage to the 8th wife, and the deceased was survived by 4 surviving wives and 41 children.
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