ISABEL CHIKUDZA v COSMAS CHIKUDZA and MASTER OF THE HIGH COURT and THE REGISTRAR OF DEEDS

HH 75-2012

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Case Details

Court

Harare High Court

Date

1 March 2012

Citation

HH 75-2012

Neutral Citation

[2012] ZWHH 75

Outcome

unknown

Case Type

Application

Bench

Presiding

CHITAKUNYE J

Full Bench

CHITAKUNYE J

Areas of Law

Succession lawDeceased estatesMatrimonial property rights

Keywords

Surviving spouseMatrimonial houseIntestate successionExecutorSection 3A Deceased Estates Succession Act

Key Issues

{"issue_text":"Whether the surviving spouse is entitled to be awarded the matrimonial house under section 3A of the Deceased Estates Succession Act","issue_type":"law","dispositive":"yes","related_facts":"Applicant was surviving spouse living in house at time of death; house is only matrimonial immovable property"}

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Facts of the Case

Background

The applicant, widow of Edward Matambanadzo Chikudza who died intestate on 15 February 2008, sought an order compelling the first respondent (her stepson and appointed executor) to award her the matrimonial house in terms of section 3A of the Deceased Estates Succession Act. The Master of the High Court had advised that the surviving spouse was entitled to the house, but the executor had failed to comply.

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