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Harare High Court
S Makonyere v Alfred Muchini and The Sheriff and The Master of the High Court
HH 46-2013
Case Details
Court
Harare High Court
Date
14 February 2013
Citation
HH 46-2013
Neutral Citation
[2013] ZWHH 46
Outcome
unknown
Case Type
Application
Bench
Presiding
Guvava J
Full Bench
Guvava J
Areas of Law
Property lawEstate law
Keywords
Res judicataAdministration of Estates ActExecutor dativeProperty transfer
Tags
Estate administrationProperty saleExecutor powers
legislation
Statutes Cited
- Administration of Estates Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the first respondent's defence and counterclaim are barred by res judicata","issue_type":"procedural","dispositive":"yes","related_facts":"Same parties previously litigated same issue in Magistrates Court"}
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background
Facts of the Case
Background
The applicant, as executor dative of the late Alvin Roy Adams' estate, sought to evict the first respondent from a property that the deceased's widow had sold to him without the Master's consent before the estate was registered. The first respondent opposed the application and counter-claimed for transfer of the property into his name.
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