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Harare High Court
Tawineyi Kunaka v Master of High Court N.O. and Executive Dative Petronella Nyamapfene N.O.
HH 298-23
Case Details
Court
Harare High Court
Date
15 May 2023
Citation
HH 298-23
Neutral Citation
[2023] ZWHH 298
Outcome
unknown
Case Type
Application
Bench
Presiding
CHITAPI J
Full Bench
CHITAPI J
Areas of Law
Administrative lawSuccession law
Keywords
Executor dativeLetters of administrationMaster's powersAdministrative review
Tags
Estate administrationExecutor removalAdministrative review
legislation
Statutes Cited
- High Court Act
- Administration of Estates Act
- Administration of Estates Act
- High Court Rules
- High Court Rules
- High Court Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Master has power to revoke letters of administration and remove an executor dative without court order","issue_type":"law","dispositive":"yes","related_facts":"Revocation of appointment on 18 December 2019"}
- {"issue_text":"Whether the Master's report constitutes valid opposition to the application","issue_type":"procedural","dispositive":"no","related_facts":"Master filed report instead of notice of opposition"}
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background
Facts of the Case
Background
The applicant was appointed executor dative of the deceased estate of Mapfumo Kunaka on 23 August 2019 but was removed on 18 December 2019 and replaced by the second respondent. The applicant challenged this revocation, arguing that only the High Court has power to remove an executor, not the Master.
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