Tessy Zvemisha v Eunice Zvemisha and Marita Makahwi and Master of the High Court N.O (DR3175/95) and Registrar of Deeds N.O

HH 523-25

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Case Details

Court

Harare High Court

Date

9 September 2025

Citation

HH 523-25

Neutral Citation

[2025] ZWHH 523

Outcome

unknown

Case Type

Application

Bench

Presiding

Tsanga J

Full Bench

Tsanga J

Areas of Law

Succession LawWills and EstatesProperty Law

Keywords

freedom of testationcustomary marriagedisinheritanceusufructuary rightsdeclaratory order

Key Issues

{"issue_text":"Whether a testator can validly disinherit a surviving spouse of property registered solely in the testator's name","issue_type":"law","dispositive":"yes","related_facts":"Property registered solely in deceased's name; will bequeathed property entirely to second wife"}
{"issue_text":"Whether section 5(3)(a) of the Wills Act prohibits disinheriting a surviving spouse","issue_type":"law","dispositive":"yes","related_facts":"Applicant argued will violated section 5(3)(a) by disinheriting her"}
{"issue_text":"Whether applicant had locus standi to seek declaratory order","issue_type":"procedural","dispositive":"no","related_facts":"Applicant sought to invalidate will and transfers made pursuant to it"}

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background

Facts of the Case

Background

The applicant, who was in a registered customary marriage with the deceased since 1972, sought to invalidate the deceased's 1993 will which bequeathed their matrimonial home entirely to the deceased's second wife, arguing it was unconstitutional and against public policy for disinheriting her and her children.

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