Ellen Lucie Borgonovo v The Master of the High Court and A.M. Rosettinstein the Executor of the Estate of the Late Ruggero Borgonovo and Vanessa Angela Ngamiza

HH 500-17

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Case Details

Court

Harare High Court

Date

11 July 2017

Citation

HH 500-17

Neutral Citation

[2017] ZWHH 500

Outcome

unknown

Case Type

Application

Bench

Presiding

Munangati-Manongwa J

Full Bench

Munangati-Manongwa J

Areas of Law

Succession lawCivil procedure

Keywords

Will formalitiesCondonationLate filingMaster's decisionGross irregularity

Key Issues

{"issue_text":"Whether court has jurisdiction to grant condonation for late filing of review application against Master's decision","issue_type":"procedural","dispositive":"no","related_facts":"30-day time limit in s 8(6) Wills Act, gross irregularity alleged"}
{"issue_text":"Whether sufficient cause exists to grant condonation for delay","issue_type":"procedural","dispositive":"yes","related_facts":"Length of delay, explanation provided, prospects of success"}
{"issue_text":"Whether Master's decision involved gross irregularity","issue_type":"law","dispositive":"no","related_facts":"Applicant not given opportunity to be heard, joint will involved"}

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background

Facts of the Case

Background

The applicant sought condonation for late filing of an application to review the Master's decision to accept an unwitnessed document as the deceased's last will and testament. The Master had accepted the document dated 18 August 1999 as valid despite non-compliance with formalities, exercising discretion under s 8(5) of the Wills Act.

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