Ido Mpofu and 3 Ors v Estate Late Joel Mpofu and 6 Ors

HB 256/20

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Case Details

Court

Bulawayo High Court

Date

17 February 2020

Citation

HB 256/20

Neutral Citation

[2020] ZWHB 256

Outcome

unknown

Case Type

Application

Bench

Presiding

Mabhikwa J

Full Bench

Mabhikwa J

Areas of Law

Estate lawCivil procedure

Keywords

estate administrationprescriptionexecutor dativedeclaratory order

Key Issues

{"issue_text":"Whether the application is barred by prescription","issue_type":"procedural","dispositive":"yes","related_facts":"Estate registered 33 years ago"}
{"issue_text":"Whether deceased estates were properly cited","issue_type":"procedural","dispositive":"yes","related_facts":"Estates cited without representatives"}
{"issue_text":"Whether Administration of Estates Act procedures were followed","issue_type":"procedural","dispositive":"yes","related_facts":"No objection lodged within 30 days"}

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background

Facts of the Case

Background

The applicants, children of the late Philip Mpofu, sought to invalidate the 1987 administration of their father's estate and have a new executor appointed. The estate was administered by Lot Senda as executor dative with Joel Mpofu (applicants' brother) appointed as heir. The application was brought 33 years after estate registration and 34 years after Philip's death.

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