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All Cases/Harare High Court/2021

Harare High Court

Juliet Kadungure and Anderson Kadungure and Neria Kadungure v Patricia Darangwa and Master of the High Court of Zimbabwe (N.O)

HH 85-21

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Case Details

Court

Harare High Court

Date

5 March 2021

Citation

HH 85-21

Neutral Citation

[2021] ZWHH 85

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

CHIRAWU-MUGOMBA J

Full Bench

CHIRAWU-MUGOMBA J

Areas of Law

succession lawwills actestate administration

Keywords

unsigned willexecutrix appointmentestate administrationintestate successioninterim interdict

Key Issues

{"issue_text":"Whether the court should grant an interim interdict preventing the first respondent from administering the estate pending review","issue_type":"procedural","dispositive":"yes","related_facts":"Unsigned will, ongoing asset disposal, pending review application"}
{"issue_text":"Whether the unsigned document should be accepted as a valid will under section 8(5) of the Wills Act","issue_type":"mixed","dispositive":"no","related_facts":"Document unsigned, section 8(5) exception, authenticity concerns"}
{"issue_text":"Whether the court has jurisdiction to interdict conduct in foreign jurisdictions","issue_type":"procedural","dispositive":"no","related_facts":"Assets in Botswana and South Africa, pending litigation in Botswana"}

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background

Facts of the Case

Background

The applicants, relatives of the late Genius Kadungure who died on 8 November 2020, sought an interim interdict to stop the first respondent from administering the estate based on an unsigned will. The Master had accepted the unsigned document as the deceased's will and appointed the first respondent as executrix, but the applicants alleged the will was fake and they had been unduly influenced to accept it.

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