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Harare High Court

Mark Taruhla and 5 Others v Fakazi Sonny Taruhla and The Master of the High Court N.O

HH 449-21

Case Details

Court
Harare High Court
Date
15 September 2021
Citation
HH 449-21
Neutral Citation
[2021] ZWHH 449
Outcome
unknown
Case Type
Application

Bench

Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Succession lawEstate administrationCustomary law
Keywords
Certificate of heirshipIntestate estateEstate registrationCustomary inheritance
Tags
Estate administrationCertificate of heirshipIntestate succession
legislation
Statutes Cited
  • Administration of Estates Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the certificate of heirship WE4/158/96 is valid and authentic","issue_type":"mixed","dispositive":"yes","related_facts":"No record found at Kadoma; reference number format inconsistent; only first respondent aware of registration"}
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background
Facts of the Case

Background

The applicants and first respondent are siblings whose father died intestate in 1996. When the family attempted to register the estate in 2018, the first respondent produced a certificate of heirship (WE4/158/96) claiming the estate had already been administered. Investigations revealed no record of such administration at Kadoma Magistrate's Court, prompting the applicants to seek declaration that the certificate is invalid.
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