Mitzi Carruthers (in her capacity as Executrix Dative and sole beneficiary of the Estate Late Martha Elizabeth Van Der Linde) v The Combined Service Organisations' Trust (Registered as Athol Evans Hospital Home under Reg No. 31/60) and Master of the High Court N.O.

HH 01-23

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Case Details

Court

Harare High Court

Date

30 December 2022

Citation

HH 01-23

Neutral Citation

[2023] ZWHH 1

Outcome

unknown

Case Type

Application

Bench

Presiding

MANGOTA J

Full Bench

MANGOTA J

Areas of Law

Succession LawContract LawCurrency Law

Keywords

executrix dativedeclaratursuspensive conditionSI 33 of 2019estate refund

Key Issues

{"issue_text":"Whether the applicant has established requirements for a declaratory order under section 14 of the High Court Act","issue_type":"procedural","dispositive":"no","related_facts":"Applicant is executrix dative and sole beneficiary"}
{"issue_text":"Whether the refund obligation is subject to SI 33 of 2019 currency conversion provisions","issue_type":"mixed","dispositive":"yes","related_facts":"Contract signed 2014, obligation contingent on finding new tenant, SI 33 effective 2019"}
{"issue_text":"Whether the respondent must maintain the cottage pending new tenant occupation","issue_type":"mixed","dispositive":"no","related_facts":"Cottage allegedly being used as store-room, depreciating in value"}

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background

Facts of the Case

Background

The applicant, as executrix dative and sole beneficiary of Martha Elizabeth Van Der Linde's estate, sought a declaratory order regarding entitlement to a refund from the first respondent trust. The refund arose from a 2014 contract where Martha and her late husband paid US$75,000 for cottage occupation rights, with agreement for 65% refund upon vacation within 10 years. Martha died in 2020 after vacating in January 2020. The parties agreed on quantum (US$48,750) but disputed currency - applicant claimed USD, respondent argued ZWL at 1:1 rate per SI 33 of 2019.

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