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Mutare High Court
Estate Late Charles Mapungwana Mhlanga (Duly represented by Constance Felicity Mhlanga in her capacity as the Executrix Dative) v Sarah Mapungwana and Master of High Court
HCMTJ 52/24
Case Details
Court
Mutare High Court
Date
7 November 2024
Citation
HCMTJ 52/24
Neutral Citation
[2024] ZWHMT 52
Outcome
unknown
Case Type
Trial
Bench
Presiding
SIZIBA J
Full Bench
SIZIBA J
Areas of Law
Property LawCivil Procedure
Keywords
deceased estatelocus standiexecutrix dativeevictionacquisitive prescription
Tags
evictiondeceased estatelocus standiexecutrix dativeprescription
legislation
Statutes Cited
- Administration of Estates Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a deceased estate has locus standi to sue when cited as plaintiff but represented by a named executrix dative","issue_type":"procedural","dispositive":"yes","related_facts":"The plaintiff is cited as \"Estate Late Charles Mapungwana Mhlanga\" with indication it is represented by the Executrix Dative"}
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background
Facts of the Case
Background
The plaintiff, a deceased estate represented by an executrix dative, instituted action for eviction of the defendant from plot number 19 Chinyaduma in Chipinge. The defendant raised a preliminary point that the deceased estate lacks locus standi to sue.
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