Ishmael Madamombe (in his capacity as the Executor Dative of Estate Late Nyembesi Kapungu DR 781/11) v Winnifildah Madamombe and Sibongile Madamombe and Molly Kapungu and Innocent Madamombe

HH 742-22

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Case Details

Court

Harare High Court

Date

19 October 2022

Citation

HH 742-22

Neutral Citation

[2022] ZWHH 742

Outcome

unknown

Case Type

Application

Bench

Presiding

TAGU J

Full Bench

TAGU J

Areas of Law

Property lawEstate lawCivil procedure

Keywords

Estate administrationEvictionBeneficiaryExecutor dativeCourt order compliancePre-trial conference

Key Issues

{"issue_text":"Whether there are any triable issues to refer to trial when defendants concede the claim but propose alternative relief","issue_type":"procedural","dispositive":"yes","related_facts":"Defendants do not dispute the house should be sold; they propose buying out plaintiff's share"}
{"issue_text":"Whether the defence based on defendants' offer to buy out plaintiff's share should be struck out","issue_type":"procedural","dispositive":"yes","related_facts":"Previous court order authorizes sale; buy-out offer not part of the order"}

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background

Facts of the Case

Background

The plaintiff, as Executor Dative of the Estate of Nyembesi Kapungu, sought eviction of the defendants (his children and co-beneficiaries) from Stand 9208 Paradise Park, Highfield, Harare to facilitate sale of the property pursuant to a previous court order. The defendants had been obstructing the sale process and proposed to buy out the plaintiff's share instead of vacating.

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