Federated Properties (Private) Limited v O Masomera (In his capacity as the executor of the Estate Late Selestino Chada) and Harare Municipality and Master of the High Court

HH 81-2012

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Case Details

Court

Harare High Court

Date

1 December 2011

Citation

HH 81-2012

Neutral Citation

[2012] ZWHH 81

Outcome

unknown

Case Type

Application

Bench

Presiding

MAKONI J

Full Bench

MAKONI J

Areas of Law

Estate lawProperty lawContract law

Keywords

Executor appointmentFraudAgreement of saleCessionEstate property

Key Issues

{"issue_text":"What is the effect of removal of an executor on acts conducted during their time as executor when the appointment was procured by fraud?","issue_type":"law","dispositive":"yes","related_facts":"Miriam's fraudulent appointment and subsequent removal; agreement of sale entered during her tenure"}
{"issue_text":"Whether an agreement of sale entered into by an executor whose appointment was later found to be fraudulent remains valid and binding on the estate","issue_type":"law","dispositive":"yes","related_facts":"Agreement of sale between applicant and Miriam; Miriam's removal for fraud"}

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Facts of the Case

Background

The applicant sought to validate an agreement of sale for estate property entered into with Miriam Chada, who was appointed executrix of the Estate Late Selestino Chada but was later removed due to fraud in her appointment process. The court found that since her appointment was procured by fraud and was therefore null and void ab initio, all acts performed by her as executrix, including the sale agreement, were similarly null and void.

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