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Harare High Court

Estate of Late Moses Masese (Represented by Oliver Masomera in his capacity as the Executor Dative of the Estate Late Moses Masese) v Luke Mapako and Fidelis Masese and Master of High Court N.O and Registrar of Deeds N.O

HH 556-18

Case Details

Court
Harare High Court
Date
20 September 2018
Citation
HH 556-18
Neutral Citation
[2018] ZWHH 556
Outcome
unknown
Case Type
Trial

Bench

Presiding
MUZOFA J
Full Bench
MUZOFA J
Areas of Law
Property lawEstate administrationContract law
Keywords
Agreement of saleExecutor dativeImmovable propertyVerbal agreement
Tags
Estate administrationProperty transferVoid agreement
legislation
Statutes Cited
  • Administration of Estates Act
  • Administration of Estates Act
  • Administration of Estates Act
  • Administration of Estates Act
  • Administration of Estates Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the first defendant purchased stand 972 Tshovani from the deceased Moses Masese","issue_type":"mixed","dispositive":"yes","related_facts":"Alleged verbal agreement in 2005; payment of deposit; written agreement after death"}
  • {"issue_text":"Whether the first defendant should pay rentals or holding over damages in respect of the property","issue_type":"mixed","dispositive":"yes","related_facts":"Occupation without transfer; claim for rentals from 2009; holding over from 2016"}
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background
Facts of the Case

Background

The plaintiff estate sought cancellation of an agreement of sale for immovable property, eviction of the occupant, and payment of rentals. The first defendant claimed he had purchased the property verbally from the deceased before death, then entered into a written agreement with the deceased's son after death. The court found no valid sale agreement existed and ordered eviction with holding-over damages.
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