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Harare High Court
Benjamin Mukandi (In his capacity as the executor dative of the estate of the late Shingirai Bevan Tirivangani Mukandi) v Edmore Zviitwa and The Master of High Court
HH 459-18
Case Details
Court
Harare High Court
Date
9 August 2018
Citation
HH 459-18
Neutral Citation
[2018] ZWHH 459
Outcome
unknown
Case Type
Application
Bench
Presiding
Matanda-Moyo J
Full Bench
Matanda-Moyo J
Areas of Law
Administration of EstatesContract LawProperty Law
Keywords
executor dativeestate assetshire purchaseownership intentioncollateral
Tags
executor dativeestate administrationhire purchase agreementownership transfer
legislation
Statutes Cited
- Administration of Estates Act
- Hire Purchase Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether ownership of the Toyota Land Cruiser had passed to the deceased at time of death","issue_type":"mixed","dispositive":"yes","related_facts":"Delivery of vehicle, partial payment, withholding of documents"}
- {"issue_text":"Whether the first respondent should surrender the estate assets","issue_type":"law","dispositive":"yes","related_facts":"s 42 Administration of Estates Act, failure to lodge claim"}
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background
Facts of the Case
Background
The applicant, as executor dative of the late Shingirai Bevan Tirivangani Mukandi's estate, sought to compel the first respondent to surrender an Audi S5 motor vehicle and Toyota Land Cruiser documents belonging to the estate. The first respondent claimed these were held as collateral under an oral hire-purchase agreement for a Toyota Land Cruiser sold to the deceased, where ownership was to pass only upon full payment.
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