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Harare High Court
Lovemore Goredema (In his capacity as the Executor of the Estate Late Robert Tendayi Magwenzi) v Patricia Magwenzi and Charity Magwenzi and Luckson Magwenzi and Master of High Court
HH 223-10
Case Details
Court
Harare High Court
Date
21 October 2010
Citation
HH 223-10
Neutral Citation
[2010] ZWHH 223
Outcome
unknown
Case Type
Application
Bench
Presiding
Guvava J
Full Bench
Guvava J
Areas of Law
Property LawEstate AdministrationCivil Procedure
Keywords
evictionexecutorlocus standipower of attorneyabdicationdelegation
Tags
evictionestate administrationlocus standipower of attorney
legislation
Statutes Cited
- Administration of Estates Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether Lovemore Magwenzi has locus standi to institute these proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Special power of attorney granted unrestricted powers; No letters of administration from Master"}
- {"issue_text":"Whether the matter is res judicata","issue_type":"procedural","dispositive":"no","related_facts":"Previous Magistrates Court proceedings"}
- {"issue_text":"Whether there are material disputes of fact","issue_type":"procedural","dispositive":"no","related_facts":"Disputes over validity of sale agreement and will"}
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background
Facts of the Case
Background
The applicant, executor of the late Robert Tendayi Magwenzi's estate, sought eviction of the deceased's nieces and nephew from property bequeathed to the deceased's second wife. The respondents opposed the application, challenging the applicant's locus standi and alleging the property was inherited from their father.
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