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Harare High Court
Thamary Karimapfumbii v Ali Ebrahim N.O and Others
HH 677-18
Case Details
Court
Harare High Court
Date
17 October 2018
Citation
HH 677-18
Neutral Citation
[2018] ZWHH 677
Outcome
unknown
Case Type
Application
Bench
Presiding
Kwenda J
Full Bench
Kwenda J
Areas of Law
Civil ProcedureSuccession LawLegal Practice
Keywords
Consent orderRescissionEstate administrationInheritanceCosts de bonis propriisAbuse of process
Tags
Inheritance disputeConsent order rescissionEstate administrationCosts de bonis propriis
legislation
Statutes Cited
- No statutes were explicitly cited in the judgment.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application should be struck off the roll as an abuse of process","issue_type":"procedural","dispositive":"yes","related_facts":"Multiple dismissed applications, applicant's residence abroad"}
- {"issue_text":"Whether costs should be awarded de bonis propriis against the applicant's lawyers","issue_type":"procedural","dispositive":"yes","related_facts":"Frivolous applications, harassment of first respondent"}
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background
Facts of the Case
Background
The applicant sought to rescind a consent order from 2005 in which she agreed to receive 15% of her late husband's estate. Multiple similar applications had been dismissed or withdrawn, but the applicant's lawyers persisted with the application despite knowing she was resident in the United Kingdom and unable to satisfy cost orders.
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