The Deputy Master N.O v Barbra Lunga N.O (in her capacity as the Executrix Dative of Estate late Mariana Moyo) and Estate Late Mariana Moyo

HB 02-20

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Case Details

Court

Bulawayo High Court

Date

16 January 2020

Citation

HB 02-20

Neutral Citation

[2020] ZWHB 02

Outcome

unknown

Case Type

Application

Bench

Presiding

BERE J

Full Bench

BERE J

Areas of Law

Estate administrationAdministration of Estates Act

Keywords

Executrix dativeEstate property disposalBeneficiary complaintsSection 120 Administration of Estates Act

Key Issues

{"issue_text":"Whether the first respondent should be removed as Executrix Dative for misconduct in estate administration","issue_type":"mixed","dispositive":"yes","related_facts":"Unauthorized property disposal, overcharging fees, failure to file accounts, toxic relationship with beneficiaries"}
{"issue_text":"Whether sale of estate property by private treaty required Master's consent under section 120","issue_type":"law","dispositive":"no","related_facts":"Sale of Stand 631 Gwanda Township during investigation period"}

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Facts of the Case

Background

The late Mariana Moyo died intestate in 2012, with Barbra Lunga appointed as Executrix Dative. Beneficiaries complained about her administration including unauthorized disposal of estate assets, delayed winding up, misuse of rental income, and failure to support a mentally challenged beneficiary. The Deputy Master applied for her removal as executrix.

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