Evelyne Chikono v David Mahewu and the Executor of Estate Late M Chikono – B Ndlovu N.O

HB 115-20

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Case Details

Court

Bulawayo High Court

Date

11 June 2020

Citation

HB 115-20

Neutral Citation

[2020] ZWHB 115

Outcome

unknown

Case Type

Application

Bench

Presiding

Mabhikwa J

Full Bench

Mabhikwa J

Areas of Law

Property lawSuccession lawEstate administration

Keywords

declaratormemorandum of agreementestate propertyownershipnullity

Key Issues

{"issue_text":"Whether the memorandum of agreement dated 28 November 2009 is valid and enforceable","issue_type":"mixed","dispositive":"yes","related_facts":"Document signed after deaths of purported parties; property registered in deceased's name"}
{"issue_text":"Whether the applicant is entitled to a declaratory order","issue_type":"procedural","dispositive":"no","related_facts":"Applicant seeks declaration before estate administration completed"}

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Facts of the Case

Background

The applicant, widow of the late Mhethusare Chikono, sought a declaratory order declaring null and void a memorandum of agreement dated 28 November 2009 that purported to transfer ownership of No. 7 Fernspruit Township of Essexvale Estate from the Chikono family to David Mahewu. The property was registered in the deceased's name and the alleged agreement was concluded after both purported parties (Stone and Chikono) had died.

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