Chengeto Mashingaidze v Pauline Mandigo (in her capacity as Executrix in the Estate of the late W G Mashingaidze DR 677/14) and Master of the High Court N.O. and Givemore Mashingaidze

HH 507/23

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Case Details

Court

Harare High Court

Date

30 August 2023

Citation

HH 507/23

Neutral Citation

[2023] ZWHH 507

Outcome

unknown

Case Type

Application

Bench

Presiding

MANZUNZU J

Full Bench

MANZUNZU J

Areas of Law

Succession lawMatrimonial property law

Keywords

Matrimonial homeGlassalla FarmSection 3ADeceased Estates Succession Act

Key Issues

{"issue_text":"Whether Glassalla Farm is matrimonial property falling for distribution under section 3A of the Deceased Estates Succession Act","issue_type":"mixed","dispositive":"yes","related_facts":"Farm purchased jointly, couple lived there as matrimonial home, farm operated commercially"}
{"issue_text":"Whether Glassalla Farm can be subdivided to allow applicant to inherit only farm house","issue_type":"law","dispositive":"no","related_facts":"Single title deed, section 39(1) Regional Town and Country Planning Act prohibits subdivision"}
{"issue_text":"Whether the property should be shared equally between applicant and deceased's surviving children","issue_type":"law","dispositive":"yes","related_facts":"Master ruled for equal distribution, applicant claims sole inheritance"}

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background

Facts of the Case

Background

The applicant, surviving spouse of the late Wilfanos Gabriel Mashingaidze, challenged the Master's decision that Glassalla Farm was not matrimonial property under section 3A of the Deceased Estates Succession Act. The Master had ruled the farm should be shared equally among the surviving spouse and all children, while the applicant claimed sole inheritance of the entire farm as matrimonial property.

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