Shingirai Ushewokunze v George Lentaigne Ingran Lock N.O. and Eastlea Hospital (Private) Limited and Master of the High Court Zimbabwe N.O. and The Registrar of Deeds N.O.

HH 165-23

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Case Details

Court

Harare High Court

Date

2 March 2023

Citation

HH 165-23

Neutral Citation

[2023] ZWHH 165

Outcome

unknown

Case Type

Application

Bench

Presiding

Tsanga J

Full Bench

Tsanga J

Areas of Law

Succession lawProperty lawCivil procedure

Keywords

Locus standiDeclaraturExecutor dativeCurator bonisDeceased estateAgreement of sale

Key Issues

{"issue_text":"Does the applicant have locus standi to challenge the administration of a deceased estate as a mere tenant?","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant is tenant, not relative or beneficiary"}
{"issue_text":"Is the application for declaratur properly before the court when it should have been brought as a review application within 8 weeks?","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed three years after appointments"}
{"issue_text":"Was proper notice given to the Registrar of Deeds as required by s 79 of Deeds Registry Act?","issue_type":"procedural","dispositive":"no","related_facts":"No evidence of service on Registrar"}

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Facts of the Case

Background

The applicant, a tenant at property belonging to deceased estate DR 722/17, sought to declare null and void the appointment of executor and sale of the property to Eastlea Hospital, claiming tenants had offered to purchase individual units. The estate of Farida Hattena had been wound up with George Lock appointed as executor dative after Freddy Chimbari served as curator bonis.

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