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Harare High Court
Talkmore Chigwiko v Leonard Chigwiko and Pose Dahwa and Master of the High Court and Director of Housing, Marondera
HH 298-13
Case Details
Court
Harare High Court
Date
18 September 2013
Citation
HH 298-13
Neutral Citation
[2013] ZWHH 298
Outcome
unknown
Case Type
Application
Bench
Presiding
ZHOU J
Full Bench
ZHOU J
Areas of Law
Property lawDeceased estatesAdministration of estates
Keywords
Immovable propertyExecutor dativeSale without authorityDeceased estate property
Tags
Deceased estateProperty saleExecutor authority
legislation
Statutes Cited
- Administration of Estates Act
- Deceased Persons Family Maintenance Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a sale of deceased estate property concluded before appointment of executor and grant of Master's authority is valid","issue_type":"law","dispositive":"yes","related_facts":"Sale concluded 17 March 2010, executor appointed 18 March 2010"}
- {"issue_text":"Whether sale at significantly below market value can be set aside","issue_type":"law","dispositive":"no","related_facts":"Sale price US$9 800, market value US$20 000"}
- {"issue_text":"Whether breach of private agreement between co-owners invalidates sale to third party","issue_type":"law","dispositive":"no","related_facts":"Agreement required mutual consent for sale"}
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background
Facts of the Case
Background
The applicant and first respondent are half-brothers who inherited immovable property from their deceased father. The first respondent sold the property to the second respondent without being appointed executor dative or obtaining Master's authority, contrary to the Administration of Estates Act.
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