Tendai Chidziva and Tichaona Chidziva and Rumbidzai Parwaringira v Estate Late Thamary Motokari (represented by Fungisayi Motokari as Executor) and Fungisai Motokari and Master of High Court and City of Harare

HH 301-24

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Case Details

Court

Harare High Court

Date

15 July 2024

Citation

HH 301-24

Neutral Citation

[2024] ZWHH 301

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Wamambo J

Full Bench

Wamambo J

Areas of Law

Estate lawProperty lawInterdicts

Keywords

Estate administrationProperty saleInterdictUrgent applicationExecutor

Key Issues

{"issue_text":"Whether the urgent chamber application lacks urgency","issue_type":"procedural","dispositive":"no","related_facts":"Application filed on 9 July 2024, applicants became aware on 25 June 2024"}
{"issue_text":"Whether the DR number must be referenced in the citation","issue_type":"procedural","dispositive":"no","related_facts":"DR 1071/19 referenced in application papers"}
{"issue_text":"Whether applicants have locus standi to bring this application","issue_type":"procedural","dispositive":"no","related_facts":"Applicants are grandchildren and beneficiaries of the estate"}
{"issue_text":"Whether the relief sought has been overtaken by events","issue_type":"procedural","dispositive":"yes","related_facts":"Property already sold before application filed"}

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background

Facts of the Case

Background

The applicants, who are grandchildren of the late Thamary Motokari, sought an urgent interdict to prevent the sale of immovable property (64 Daniel Street Mbare, Harare) from the deceased's estate. The first respondent, appointed executrix, had obtained authority to sell the property from the Master of High Court and had already sold it to a third party before the application was filed.

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