Margret Chiwimbiso Mwamuka N.O (in her capacity as executrix dative Estate late VN Mwamuka) v Julie Panagiota Mercuri N.O (in her capacity as executrix dative estate late E E Mercuri) and Master of the High Court N.O

HH 663-18

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Case Details

Court

Harare High Court

Date

24 October 2018

Citation

HH 663-18

Neutral Citation

[2018] ZWHH 663

Outcome

unknown

Case Type

Trial

Bench

Presiding

CHITAKUNYE J

Full Bench

CHITAKUNYE J

Areas of Law

Partnership lawContract lawDeceased estates law

Keywords

Partnership dissolutionDuressExecutrixSpecification orderContract induced by duress

Key Issues

{"issue_text":"Whether the distribution agreement of 1 June 2010 was valid or induced by duress","issue_type":"mixed","dispositive":"yes","related_facts":"Agreement signed under threat of prosecution deadline; continued specification pressure"}
{"issue_text":"Whether any valid agreement was concluded in April 2012 for payment of $524,000","issue_type":"mixed","dispositive":"yes","related_facts":"Negotiations under continued duress; no written agreement; offers made under pressure"}
{"issue_text":"Whether the claim for $524,000 had prescribed","issue_type":"law","dispositive":"no","related_facts":"Cause of action arose 2001, claim filed 2012; no partnership accounts prepared"}

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Facts of the Case

Background

Two widows, both executrices of their deceased husbands' estates, disputed the validity of agreements purportedly concluded regarding dissolution of their husbands' architectural partnership. The first defendant alleged she entered agreements under duress due to continued specification orders and threats of prosecution.

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