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Supreme Court
Tendai Bothwell Ndoro N.O. In his capacity as the executor testamentary of the estate of the late Grace Mandaza & Anor v Dorothy Mandaza & Ors
SC 86/24
Case Details
Court
Supreme Court
Date
19 September 2024
Citation
SC 86/24
Neutral Citation
[2024] ZWSC 86
Outcome
unknown
Case Type
Appeal
Bench
Presiding
MATHONSI JA
Full Bench
GUVAVA JAUCHENA JAMATHONSI JA
Areas of Law
Property LawDeceased EstatesPrescription
Keywords
House ownership disputePrescriptionIn pari delictumColonial housing policyFamily arrangement
Tags
Family property disputeDeceased estatesHouse ownershipColonial era housing policy
legislation
Statutes Cited
- Prescription Act
- Prescription Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the first respondent's claim had prescribed","issue_type":"procedural","dispositive":"no","related_facts":"Claim instituted in 2011, 17 years after transfer in 1994"}
- {"issue_text":"Whether the court a quo erred in granting relief in favor of the first respondent","issue_type":"mixed","dispositive":"yes","related_facts":"First respondent lived in house for 64 years and paid all costs"}
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background
Facts of the Case
Background
A family dispute over house ownership where the first respondent and her late husband lived in and paid for a house for 64 years but it was registered in the names of the late Joel and Grace Mandaza (appellants' estates) who had provided their marriage certificate to facilitate allocation during colonial times when marriage certificates were required for housing.
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