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Harare High Court

Edleen Matonhodze v Minister of Justice N.O. and Florence Mapuvire N.O. and Florence Mapuvire and Master of the High Court

HH 517-22

Case Details

Court
Harare High Court
Date
29 July 2022
Citation
HH 517-22
Neutral Citation
[2022] ZWHH 517
Outcome
unknown
Case Type
Application

Bench

Presiding
Muchawa J
Full Bench
Muchawa J
Areas of Law
Succession LawPrescription LawCustomary LawCivil Procedure
Keywords
declaraturcertificate of heirnullityprescriptionacquisitive prescriptionmaterial disputes of fact
Tags
declaratory orderprescriptionnullityheirship certificatematrimonial property
legislation
Statutes Cited
  • Prescription Act [Chapter 8:11]
  • Prescription Act [Chapter 8:11]
  • Prescription Act [Chapter 8:11]
  • Prescription Act [Chapter 8:11]
  • Prescription Act [Chapter 8:11]
  • High Court Rules, 1971
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether annexures attached to applicant's answering affidavit should be expunged from the record","issue_type":"procedural","dispositive":"no","related_facts":"Documents annexed to answering affidavit"}
  • {"issue_text":"Whether the application has prescribed in terms of the Prescription Act","issue_type":"mixed","dispositive":"no","related_facts":"Certificate of heir issued 30 years ago; Frank Mapuvire's possession of property"}
  • {"issue_text":"Whether there are material disputes of fact necessitating referral to trial","issue_type":"procedural","dispositive":"no","related_facts":"Disputes about property acquisition and marriage regime"}
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background
Facts of the Case

Background

The applicant, sole surviving child of Edward Gwainda Mapuvire and Nellie Mapuvire, sought a declaratory order nullifying a 1990 certificate of heir issued to her late brother Frank Mapuvire by Chibi Community Court and declaring certain properties as matrimonial property of her parents.
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