Clever Mandizvidza v Henrietta Nyanyiwa & 3 Ors

Key Issues

• {"issue_text":"Whether a beneficiary can petition High Court to remove an executor under common law","issue_type":"law","dispositive":"no","related_facts":"Master refused to remove appellant; first respondent sought removal"}
• {"issue_text":"Whether valid grounds existed for appellant's removal as executor","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant's excessive fees; mistrust by beneficiaries; improper valuations"}
• {"issue_text":"Whether appellant was entitled to 15% fees on estate assets","issue_type":"law","dispositive":"yes","related_facts":"Appellant charged 10% on capital assets plus 5% on gross; claimed assets \"brought to account\""}
• {"issue_text":"Whether court a quo properly granted declarator on executor fees","issue_type":"procedural","dispositive":"no","related_facts":"Court declared future executor fees at 5%; declarator not pleaded"}
• {"issue_text":"Whether costs order against appellant was justified","issue_type":"procedural","dispositive":"no","related_facts":"Appellant sued in official capacity; no reasons for costs order"}

Background