Tariro Lebogang Mutenda v Upenu Ignostious Prosper Mashangwa and The Mashangwa Trust and Davidson Brighton Chirombo N.O and Harricanos Henry Maunganidze N.O and Registrar of Deeds N.O and Jemina Gumbo N.O

HH 548-24

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Case Details

Court

Harare High Court

Date

22 November 2024

Citation

HH 548-24

Neutral Citation

[2024] ZWHH 548

Outcome

unknown

Case Type

Application

Bench

Presiding

Tsanga J

Full Bench

Tsanga J

Areas of Law

Property lawTrust lawCivil procedure

Keywords

InterdictExecutionTrust propertyMatrimonial propertyWrit of execution

Key Issues

{"issue_text":"Whether section 44 of the Administration of Estates Act prohibits execution of property where the writ was issued before the debtor's death","issue_type":"legal","dispositive":"yes","related_facts":"Writ issued 5 March 2020, Blessing Mashangwa died after writ issued"}
{"issue_text":"Whether Rule 71(36) of the High Court Rules permits private sale of attached property by agreement between judgment debtor and creditor","issue_type":"legal","dispositive":"yes","related_facts":"Agreement between Upenyu Mashangwa and Jemina Gumbo for private sale"}
{"issue_text":"Whether the applicant has locus standi as a trustee to interdict the sale","issue_type":"mixed","dispositive":"no","related_facts":"Applicant claims trusteeship upon mother's death"}

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Facts of the Case

Background

The applicant sought to interdict the sale of Stand 655 Borrowdale Brooke Township, arguing she became a trustee of The Mashangwa Trust upon her mother's death and that the property was trust property. The property had been attached pursuant to a writ of execution for a debt of US$1,650,000 owed by Upenyu Mashangwa to Jemina Gumbo.

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