Agreranah Kangara v Darlington Kangara and Clever Madzivisa (In his capacity as the neutral executor of the estate late Kudzanayi Kangara) and Master of High Court N.O

HH 25-22

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Case Details

Court

Harare High Court

Date

13 January 2022

Citation

HH 25-22

Neutral Citation

[2022] ZWHH 25

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Deme J

Full Bench

Deme J

Areas of Law

Property lawEstate law

Keywords

Estate late Kudzanai KangaraHouse Number 193 Fleetwood BinduraPossessionProperty transfer

Key Issues

{"issue_text":"Whether the applicant is entitled to restoration of possession of House Number 193 Fleetwood, Bindura pending estate finalisation","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's residence at property; first respondent's ejection of applicant"}
{"issue_text":"Whether costs should be awarded on ordinary or higher scale","issue_type":"procedural","dispositive":"no","related_facts":"First respondent's conduct in ejecting applicant and subsequent cooperation"}

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background

Facts of the Case

Background

The applicant, sister of the late Kudzanai Kangara, sought restoration of her occupation of House Number 193 Fleetwood, Bindura, which she claimed was purchased by the deceased for their late mother Rachel Kangara as replacement for another property. The first respondent, son of the deceased, had ejected the applicant from the property during estate administration.

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