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Harare High Court
Harold Chinogurei v Shamiso Chiseko and The Deputy Sheriff
HH 201-12
Case Details
Court
Harare High Court
Date
24 March 2011
Citation
HH 201-12
Neutral Citation
[2012] ZWHH 201
Outcome
unknown
Case Type
Application
Bench
Presiding
Chiweshe JP
Full Bench
Chiweshe JP
Areas of Law
Property LawEstate Administration
Keywords
Executor dativeMaster's authorityImmovable propertyVoid contract
Tags
Estate propertyDouble saleEvictionExecutor authority
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 a sale of estate property by someone without executor authority or letters of administration is valid","issue_type":"law","dispositive":"yes","related_facts":"Marshal Kudiwa had no authority when selling to first respondent"}
- {"issue_text":"Whether the applicant is entitled to evict the first respondent","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant purchased with proper authority"}
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background
Facts of the Case
Background
The applicant purchased property from an estate through the duly appointed executor who had obtained Master's authority, while the first respondent had earlier purchased the same property from the same seller before he was appointed executor and without Master's authority. The applicant sought eviction of the first respondent.
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