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Supreme Court

Easter Mzite (In her capacity as the Executrix Dative of the Estate Late Chemayi Joseph Mtize) v Damafalls Investments (Private) Limited & Anor

[2018] ZWSC 21

Case Details

Court
Supreme Court
Date
18 July 2016
Citation
[2018] ZWSC 21
Judgment No.
SC 21/2018
Outcome
unknown
Case Type
Condonation

Bench

Presiding
BHUNU JA
Full Bench
BHUNU JA
Areas of Law
Property lawDeceased estatesCivil procedure
Keywords
Executrix dativeProperty saleTransfer delayCondonationLate appeal
Tags
Deceased estateProperty transferSale agreementCondonation
legislation
Statutes Cited
  • Supreme Court Rules 1964
  • Supreme Court Rules 1964
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether applicant should be granted condonation for late noting of appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant 26 days out of time; explanation for delay"}
  • {"issue_text":"Whether applicant has reasonable prospects of success on appeal","issue_type":"mixed","dispositive":"yes","related_facts":"Evidence of valid sale; credibility findings by court a quo"}
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background
Facts of the Case

Background

The applicant, as executrix dative of her late husband's estate, sought condonation to appeal late against a High Court judgment that ordered transfer of Stand 2699 Gwelo Township from the deceased estate to the first respondent. The first respondent claimed the deceased had sold the property to it during his lifetime, while the applicant disputed this claiming the property still belonged to the estate.
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