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Harare High Court
Allen Tandazani Vakai Masawi v Clever Mandizvidza N.O. and The Master of the High Court
HH 798-18
Case Details
Court
Harare High Court
Date
29 November 2018
Citation
HH 798-18
Neutral Citation
[2018] ZWHH 798
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIRAWU-MUGOMBA J
Full Bench
CHIRAWU-MUGOMBA J
Areas of Law
Succession lawEstate administrationAdministration of Estates Act
Keywords
Executor dativeRenunciationRetractionLetters of administrationEstate winding up
Tags
Estate administrationExecutor appointmentRenunciation of executorship
legislation
Statutes Cited
- Administration of Estates Act
- Administration of Estates Act
- Administration of Estates Act
- Administration of Estates Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Can an executor dative renounce appointment?","issue_type":"legal","dispositive":"no","related_facts":"Applicant's alleged renunciation in 2013"}
- {"issue_text":"Did the applicant renounce his appointment as executor?","issue_type":"factual","dispositive":"yes","related_facts":"Letters written by applicant referring to first respondent as executor"}
- {"issue_text":"Should the applicant be permitted to retract his renunciation?","issue_type":"legal","dispositive":"yes","related_facts":"Applicant's change of heart after 5 years"}
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background
Facts of the Case
Background
The applicant, originally appointed executor dative of his father's estate in 2003, sought to declare unlawful the appointment of the first respondent as replacement executor, claiming he had only appointed the first respondent as his agent. The estate had remained unresolved for 16 years since the deceased's death in 2001.
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