Tatenda Mhere v Jeremiah Matenhese N.O. (In his capacity as Executor Dative for Estate Late Obert Mhere) and The Master of the High Court N.O. and The Assistant Master of the High Court for Masvingo N.O.

HMA 62-22

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Case Details

Court

Masvingo High Court

Date

7 September 2022

Citation

HMA 62-22

Neutral Citation

[2022] ZWHMA 62

Outcome

unknown

Case Type

Application

Bench

Presiding

Zisengwe J

Full Bench

Zisengwe J

Areas of Law

Succession LawEstate Administration

Keywords

executor dativeestate late Obert Mherefrauddefault judgmentremoval of executor

Key Issues

{"issue_text":"Whether default judgment should be granted where respondents failed to appear","issue_type":"procedural","dispositive":"yes","related_facts":"Respondents were properly served but failed to appear at hearing"}
{"issue_text":"Whether the court should grant the order sought in its entirety or modify it","issue_type":"procedural","dispositive":"yes","related_facts":"The draft order contained provisions affecting third parties"}

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background

Facts of the Case

Background

The applicant sought the removal of the first respondent as executor dative of his late father's estate, alleging fraudulent sale of the deceased's property and irregularities in the estate administration process. The respondents failed to appear at the hearing, leading to default judgment.

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