Francis Roland Haisaid (in his capacity as the Executor of the Estate Late Stephen Omar Hayisa also known as Stephen Haisaid) v Oliver Masomera and The Master of High Court (N.O) and The Registrar of Deeds (N.O)

HH 593-18

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Case Details

Court

Harare High Court

Date

27 July 2018

Citation

HH 593-18

Neutral Citation

[2018] ZWHH 593

Outcome

unknown

Case Type

Application

Bench

Presiding

CHITAKUNYE J

Full Bench

CHITAKUNYE J

Areas of Law

Estate lawAdministration of EstatesProcedural law

Keywords

Letters of AdministrationExecutorPer procurationemFounding affidavitLocus standi

Key Issues

{"issue_text":"Whether the founding affidavit was fatally defective due to being signed by another person using \"PP\" prefix","issue_type":"procedural","dispositive":"yes","related_facts":"The founding affidavit signature bore \"PP\" prefix and was different from applicant's other signatures"}
{"issue_text":"Whether the applicant had locus standi to bring the application","issue_type":"procedural","dispositive":"no","related_facts":"Applicant conceded he was removed from office as Executor"}
{"issue_text":"Whether the correct procedure was adopted for challenging the Master's decision","issue_type":"procedural","dispositive":"no","related_facts":"Applicant challenged Master's decision removing him as Executor"}

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Facts of the Case

Background

The applicant, former executor of an estate, sought revocation of Letters of Administration issued to the first respondent and reinstatement as executor. The first respondent raised three points in limine, primarily that the founding affidavit was fatally defective as it appeared to have been signed by someone else on the applicant's behalf using "PP" prefix.

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