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Harare High Court
Salma Ebrahim v Attiya Ebrahim (in her capacity as Executrix Dative of Estate late Basheer Ahmed Ebrahim) & 6 Ors
HH 448-18
Case Details
Court
Harare High Court
Date
2 August 2018
Citation
HH 448-18
Neutral Citation
[2018] ZWHH 448
Outcome
unknown
Case Type
Application
Bench
Presiding
CHITAKUNYE J
Full Bench
CHITAKUNYE J
Areas of Law
Succession lawCompany lawEstate administration
Keywords
Executrix removalEstate assetsCompany assetsCorporate veilLocus standiDomestic remedies
Tags
Estate administrationExecutor removalCorporate veilFamily dispute
legislation
Statutes Cited
- Administration of Estates Act
- Administration of Estates Act
- Administration of Estates Act
- Companies Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant has locus standi to bring application for removal of executrix without exhausting domestic remedies","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant failed to approach Master first under sections 116-117"}
- {"issue_text":"Whether declaratur sought has legal basis for company assets","issue_type":"law","dispositive":"no","related_facts":"Assets sold belonged to companies, not deceased personally"}
- {"issue_text":"Whether applicant fulfilled requirements for interdict and mandamus","issue_type":"mixed","dispositive":"no","related_facts":"Applicant sought to stop company asset sales"}
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background
Facts of the Case
Background
The applicant, a beneficiary of her late father's estate, sought the removal of her sister as executrix dative and declaration that sales of company assets were null and void. The deceased died intestate in 2016 leaving shares in various companies. The applicant alleged improper administration and unsanctioned sales of company assets.
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