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Harare High Court
Chifarai Sarah Masike v Master of the High Court N.O. and Others
HH 775-18
Case Details
Court
Harare High Court
Date
22 November 2018
Citation
HH 775-18
Neutral Citation
[2018] ZWHH 775
Outcome
unknown
Case Type
Application
Bench
Presiding
Muremba J
Full Bench
Muremba J
Areas of Law
Succession lawEstate administrationDeceased estates
Keywords
Matrimonial homeFree residueIntestateDistribution accountSurviving spouse
Tags
Estate administrationMatrimonial propertyIntestate successionSurviving spouse rights
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Master erred in law by directing equal distribution of surplus cash from sale of matrimonial home among surviving spouse and children","issue_type":"law","dispositive":"yes","related_facts":"Matrimonial home was irregularly awarded before debt settlement; home was later sold to pay debts; surplus cash remained"}
- {"issue_text":"Whether surplus cash from sale of matrimonial home forms part of free residue of estate","issue_type":"law","dispositive":"yes","related_facts":"Matrimonial home was sold to pay estate debts; property ceased to exist in estate"}
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background
Facts of the Case
Background
The applicant, surviving spouse of the late Stanislas Masike who died intestate in 2011, sought review of the Master's decision directing equal distribution of surplus cash from sale of the matrimonial home among herself and the deceased's 6 children. The matrimonial home had been irregularly awarded to her before estate debts were settled, and was later sold to pay debts, leaving surplus cash.
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