Kalmic Investments (Pvt) Ltd and Athienitis Properties (Pvt) Ltd and Rylance Farms (Pvt) Ltd v Maidei Mujuru and Stern Mifara N.O. and Joyce Mujuru and Kuzivakwashe Mujuru and Tendai Mujuru and Bianca Chibwe and Takunda Mujuru and Tawanda Mujuru and Tsitsi Mujuru and The Master of the High Court N.O.

HH 185/21

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Case Details

Court

Harare High Court

Date

28 April 2021

Citation

HH 185/21

Neutral Citation

[2021] ZWHH 185

Outcome

unknown

Case Type

Application

Bench

Presiding

CHAREWA J

Full Bench

CHAREWA J

Areas of Law

Company LawCivil ProcedureEstate Law

Keywords

JoinderAlter egoCompany representationCR14Estate property

Key Issues

{"issue_text":"Whether applicants are entitled to be joined as parties in the estate proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants are registered owners of properties sought to be included in estate"}
{"issue_text":"Whether applicants are properly represented before the court without filing CR14","issue_type":"procedural","dispositive":"no","related_facts":"No CR14 filed with founding affidavit"}

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background

Facts of the Case

Background

Three companies sought to be joined as parties in estate proceedings where the first respondent claimed properties registered in the companies' names should form part of the deceased's estate on the basis that the companies were the deceased's alter egos. The companies opposed this and sought joinder to protect their interests as registered owners.

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