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Supreme Court
Master of the High Court of Zimbabwe N.O. v David Takaendesa & Ors
[2022] ZWSC 101
Case Details
Court
Supreme Court
Date
26 September 2022
Citation
[2022] ZWSC 101
Judgment No.
SC 101/22
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Guvava JA
Full Bench
Guvava JAKudya JAMwayera JA
Areas of Law
Succession LawAdministrative LawEstate Administration
Keywords
due inquiryconsent to sellestate propertybeneficiariesexecutorMaster of High Court
Tags
estate administrationadministrative justiceexecutor dutiesbeneficiary rights
legislation
Statutes Cited
- Administration of Estates Act
- Administrative Justice Act
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Master conducted due inquiry as required by section 120 of Administration of Estates Act before granting consent to sell estate property","issue_type":"law","dispositive":"yes","related_facts":"Master granted consent without hearing beneficiaries or considering alternatives"}
- {"issue_text":"Whether the Master's decision to allow sale of three farms for USD$700,000 to settle USD$14,047 liability was reasonable and fair","issue_type":"mixed","dispositive":"yes","related_facts":"Disproportionate sale price to liability ratio, alternative property available"}
- {"issue_text":"Whether beneficiaries were entitled to be heard before the Master made his decision","issue_type":"law","dispositive":"yes","related_facts":"Beneficiaries objected but were not consulted"}
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background
Facts of the Case
Background
The Master of the High Court granted consent to an executor to sell three farms by private treaty to settle estate liabilities of USD$14,047. The beneficiaries objected, proposing instead to sell a butchery in Kwekwe. The High Court set aside the Master's consent, finding he failed to conduct due inquiry. Three appeals were lodged against this decision.
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