Alex Chimhowa and Cleopas Chimhowa and Viola Chimhowa and Pauline Chimhowa and Edmore Chimhowa and Nyasha Masiyiwa Chimhowa v Joyce Chimhowa (nee Masukwedza) and Fremus Executor Services (Pvt) Ltd (N.O.) and Master of High Court of Zimbabwe (N.O.) and City of Harare (N.O.)

HH 183-12

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Case Details

Court

Harare High Court

Date

23 November 2011

Citation

HH 183-12

Neutral Citation

[2012] ZWHH 183

Outcome

unknown

Case Type

Application

Bench

Presiding

Chiweshe JP

Full Bench

Chiweshe JP

Areas of Law

Succession lawEstate administration

Keywords

IntestateSurviving spouseMatrimonial homeUsufructEstate distribution

Key Issues

{"issue_text":"Whether the Master erred in awarding the entire matrimonial home to the surviving spouse when it was acquired during a previous marriage","issue_type":"mixed","dispositive":"yes","related_facts":"Property acquired in 1979 during first marriage; first wife died intestate"}
{"issue_text":"Whether the applicants have a claim to the property as children of the first marriage","issue_type":"law","dispositive":"yes","related_facts":"Applicants are children of deceased and Mary Maria Mabwe"}

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Facts of the Case

Background

The applicants, children of the deceased Lloyd Chimhowa from his first marriage, sought review of the Master's decision to award the matrimonial home to the first respondent, Joyce Chimhowa, the deceased's second wife. The property was acquired during the deceased's first marriage to Mary Maria Mabwe, who died intestate in 1987. The applicants argued the property should be shared between both families as it formed part of their late mother's estate.

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