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Masvingo High Court
Adrian Moyo v Master of the High Court and Oliver Masomera (in his capacity as the executor Dative of the estate late S.J.L Moyo DR 2120/04)
HMA 07-21
Case Details
Court
Masvingo High Court
Date
5 February 2021
Citation
HMA 07-21
Neutral Citation
[2021] ZWHMA 07
Outcome
unknown
Case Type
Application
Bench
Presiding
Wamambo J
Full Bench
Wamambo J
Areas of Law
Estate lawAdministration of estates
Keywords
unaccounted assetsexecutor dutiessupplementary accountestate assets
Tags
estate administrationexecutor dutiessupplementary account
legislation
Statutes Cited
- Administration of Estates Act
- Administration of Estates Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court should order the Master and executor to prepare and advertise a supplementary account for alleged unaccounted estate assets","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's claim of 23 unaccounted assets; lack of proof of existence/ownership"}
- {"issue_text":"Whether the executor has duty to recover assets without proof of their existence","issue_type":"law","dispositive":"no","related_facts":"Section 39 Administration of Estates Act; risk of criminal offense"}
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background
Facts of the Case
Background
The applicant, son of the late Stephen Joshua Lucas Moyo, sought court orders compelling the Master of the High Court and the estate executor to prepare a supplementary account for alleged unaccounted estate assets valued at US$686,500. The applicant claimed 23 assets including properties, vehicles, and cattle were omitted from the confirmed liquidation and distribution account.
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