Samson Elliot (In his capacity as the Executor Dative of the estate late Glamous Elliot) v Max Chikova and Municipality of Beitbridge and Master of the High Court

HMA 42-21

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Case Details

Court

Masvingo High Court

Date

27 August 2021

Citation

HMA 42-21

Neutral Citation

[2021] ZWHMA 42

Outcome

unknown

Case Type

Application

Bench

Presiding

WAMAMBO J

Full Bench

WAMAMBO J

Areas of Law

Property lawEstate lawContract law

Keywords

Cession cancellationEstate lateStand ownershipDeceased estateProperty transfer

Key Issues

{"issue_text":"Whether the cession of stand 3710 Dulibadzimu Township to Max Chikova should be cancelled","issue_type":"mixed","dispositive":"yes","related_facts":"Alleged fraudulent sale document, deceased died two days after purported sale"}
{"issue_text":"Whether the sale affidavit (Annexure E) is valid despite having three different handwritings","issue_type":"law","dispositive":"no","related_facts":"Document shows three different handwritings, deceased's signature appended"}
{"issue_text":"Whether the court order (Annexure F) granted by the magistrate was proper","issue_type":"law","dispositive":"no","related_facts":"Magistrate granted declaratory order which may be beyond jurisdiction"}

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Facts of the Case

Background

The applicant, as executor of his late father's estate, sought cancellation of a cession of stand 3710 Dulibadzimu Township, Beitbridge to the first respondent. The deceased had allegedly sold the stand two days before his death in 2009 through an affidavit, and a court order had declared the first respondent as owner. The applicant claimed the documents were fraudulent and procedures were not followed.

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