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Harare High Court

Nigel Damian Morris v Chiquita Morris and Master of High Court

HH 71-2011

Case Details

Court
Harare High Court
Date
10 March 2011
Citation
HH 71-2011
Neutral Citation
[2011] ZWHH 71
Outcome
unknown
Case Type
Application

Bench

Presiding
Mawadze J
Full Bench
Mawadze J
Areas of Law
Succession LawCivil Procedure
Keywords
will forgeryexecutrix appointmentestate disputeforensic handwriting analysis
Tags
will validityforensic evidenceres judicataestate administration
legislation
Statutes Cited
  • High Court Rules, 1971
  • High Court Rules, 1971
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether application based on new forensic report can reopen matter already decided by definitive judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Previous definitive judgment in HC 1057/09 confirmed 2005 will validity; applicant now relies on new forensic report"}
  • {"issue_text":"Whether forensic report constitutes sufficient new evidence to warrant exception to res judicata principle","issue_type":"mixed","dispositive":"yes","related_facts":"Forensic report claims 2005 will signature was forged; report based on photocopy documents"}
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background
Facts of the Case

Background

Applicant and first respondent are children of late Nellie Helen Morris who died testate in 2006. Applicant seeks to invalidate 2005 will appointing first respondent as sole beneficiary/executrix, relying on new forensic report claiming signature forgery. Previous definitive judgment in HC 1057/09 confirmed validity of 2005 will.
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