Hilda Salila and Maria Salila v Gerry Munyaradzi Salila N.O and Hughes Salila Musarira and Master of the High Court and Registrar of Deeds and Gideon Shava and Virginia Shava

HH 39-2010

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Case Details

Court

Harare High Court

Date

25 February 2010

Citation

HH 39-2010

Neutral Citation

[2010] ZWHH 39

Outcome

unknown

Case Type

Application

Bench

Presiding

Musakwa J

Full Bench

Musakwa J

Areas of Law

Estate administrationProperty lawPrescription

Keywords

deceased estateexecutor dativeinheritance planproperty transferprescription

Key Issues

{"issue_text":"Whether the transfer of the property to the second respondent without proper estate administration procedures was valid","issue_type":"law","dispositive":"yes","related_facts":"Transfer occurred in 2000 without administration account"}
{"issue_text":"Whether the applicants' claim has prescribed","issue_type":"law","dispositive":"no","related_facts":"Application instituted in 2007, transfer occurred in 2000"}
{"issue_text":"Whether fifth and sixth respondents are innocent purchasers","issue_type":"mixed","dispositive":"no","related_facts":"They purchased property after transfer to second respondent"}

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background

Facts of the Case

Background

The applicants, daughters of the late Reginald Tswakai Griffin Salila, sought to declare null and void the transfer of their father's house to the second respondent and have it transferred back to the estate. The first respondent, appointed executor dative in 1999, had transferred the property to the second respondent in 2000 without lodging the required administration and distribution account or inheritance plan with the Master of the High Court. The property was subsequently sold to the fifth and sixth respondents who claimed to be innocent purchasers and raised prescription as a defence.

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