Misheck Mukarati & Anor v Master of the High Court N.O. & 4 Ors

HH 179-23

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Case Details

Court

Harare High Court

Date

9 March 2023

Citation

HH 179-23

Neutral Citation

[2023] ZWHH 179

Outcome

unknown

Case Type

Application

Bench

Presiding

TSANGA J

Full Bench

TSANGA J

Areas of Law

Administrative lawDeceased estatesProperty law

Keywords

Administrative Justice Actdeceased estateproperty saleexecutorintestate successionreview

Key Issues

{"issue_text":"Whether the applicants can bring an application under the Administrative Justice Act after previous failed condonation application and Supreme Court appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Previous condonation application dismissed in HH 802/19, Supreme Court appeal struck off roll"}
{"issue_text":"Whether the Master failed to act lawfully, reasonably and fairly in administering the deceased estate","issue_type":"administrative","dispositive":"no","related_facts":"Complaints made to Master in March and October 2016, Master gave opportunities for objection"}

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Facts of the Case

Background

Two applicants sought to reverse the sale of their deceased father's property and set aside the Master's confirmation of the estate distribution account, claiming they were excluded as beneficiaries and the wrong law was applied in administering the 1994 estate.

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