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Harare High Court

Emily Mutungura v Lucy Gwatipedza and Norren Mutungura and Constance Mutungura and The Master of High Court and City of Harare

HH 704-17

Case Details

Court
Harare High Court
Date
5 October 2017
Citation
HH 704-17
Neutral Citation
[2017] ZWHH 704
Outcome
unknown
Case Type
Trial

Bench

Presiding
MWAYERA J
Full Bench
MWAYERA J
Areas of Law
Family LawCustomary LawSuccession Law
Keywords
intestate successioncustomary marriageproperty transfercertificate of authority
Tags
customary lawsuccessioninheritancemarriage
legislation
Statutes Cited
  • Administration of Estates Act
  • African Marriages Act
  • Primary Court Act
  • Deceased Estates Succession Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Did first, second and third defendant disclose to the Master of High Court that the plaintiff was married to the late Kenneth Mutungura and that the plaintiff was still alive","issue_type":"factual","dispositive":"no","related_facts":"Certificate of authority issuance process"}
  • {"issue_text":"Did first, second and third defendants fraudulently obtain certificate of authority to transfer Stand No 121 Muchenje Drive, Mbare to the defendants","issue_type":"mixed","dispositive":"no","related_facts":"Disclosure requirements, marriage certificate availability"}
  • {"issue_text":"Whether or not the plaintiff is entitled to an order for transfer of Stand 121 Muchenje Drive, Mbare into her name on the basis pleaded","issue_type":"legal","dispositive":"yes","related_facts":"Customary law of succession, property acquisition timing"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The plaintiff, married to the late Kenneth Mutungura under African customary law in 1962, claimed transfer of Stand 121 Muchenje Drive, Mbare from her stepdaughters (defendants) who had obtained a certificate of authority to transfer the property after their father's death in 1990. The property was originally allocated during the deceased's civil marriage to the defendants' mother.
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