Naison Sekeramayi and Julius Matsika Sekeramayi and Judith Sekeramayi and Winnie Sekeramayi and Faith Rude Sekeramayi versus The Master of the High Court and The Provincial Magistrate, Harare and Easter Dzwowa and Nyaradzo Priscilla Munangati Manongwa (In her capacity as Executrix Dative in the Estate of the late Lovemore Chipunza Sekeramayi)

HH 217-17

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Case Details

Court

Harare High Court

Date

29 March 2017

Citation

HH 217-17

Neutral Citation

[2017] ZWHH 217

Outcome

unknown

Case Type

Review

Bench

Presiding

ZHOU J

Full Bench

ZHOU J

Areas of Law

Succession lawAdministrative reviewCustomary law

Keywords

Estate distributionCustomary marriage recognitionMaster's jurisdictionReview of administrative decision

Key Issues

{"issue_text":"Whether the Master erred in recognizing the third respondent as a surviving spouse without evidence of customary marriage","issue_type":"law","dispositive":"yes","related_facts":"Master's determination based on cohabitation alone"}
{"issue_text":"Whether the Master had jurisdiction to determine spousal status","issue_type":"law","dispositive":"no","related_facts":"No explicit provision in Administration of Estates Act"}
{"issue_text":"Whether the allocation of Chisipite property to third respondent was grossly irregular","issue_type":"law","dispositive":"yes","related_facts":"Disinheriting legally married wife without considering alternatives"}

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background

Facts of the Case

Background

The applicants sought review of the Master's decision recognizing the third respondent as a surviving spouse of the deceased and allocating immovable property to her. The deceased died intestate in 2014, leaving behind the fifth applicant as his legally married wife and the third respondent who claimed to be his customary law wife. The Master distributed the estate treating both as wives without proper evidence of the customary marriage.

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