Athos Proestos v Christalleni Proestos & 3 Ors & Master of the High Court & Registrar of Deeds

HH 496-23

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Case Details

Court

Harare High Court

Date

24 August 2023

Citation

HH 496-23

Neutral Citation

[2023] ZWHH 496

Outcome

unknown

Case Type

Application

Bench

Presiding

Tsanga J

Full Bench

Tsanga J

Areas of Law

Succession lawInterdictsCivil procedure

Keywords

executrixestate representationfraudulent willproperty transferprovisional order

Key Issues

{"issue_text":"Whether the provisional interdict should be confirmed","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant seeks to prevent sale and alterations to property pending main action"}
{"issue_text":"Whether estates were properly cited in founding affidavit","issue_type":"procedural","dispositive":"no","related_facts":"Second and third respondents cited as estates without N.O. designation"}
{"issue_text":"Whether wrong court form was used","issue_type":"procedural","dispositive":"no","related_facts":"Form 23 should have been used instead of current form"}
{"issue_text":"Whether power of attorney was properly authenticated","issue_type":"procedural","dispositive":"no","related_facts":"Document stamped by certifying officer not notary public"}

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background

Facts of the Case

Background

The applicant and first respondent are siblings disputing the validity of their mother's will which bequeathed a property to the first respondent. The applicant alleges the will is fraudulent and that their mother had an earlier will granting the property equally to both siblings. The property was sold to the fourth respondent who took transfer and began renovations.

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