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Harare High Court
The Executor of the Estate Late Rosemary Mashata and Reason Masomera v Elliot Masomera and Master of the High Court and Registrar of Deeds
HH 289-25
Case Details
Court
Harare High Court
Date
5 May 2024
Citation
HH 289-25
Neutral Citation
[2025] ZWHH 289
Outcome
unknown
Case Type
Review
Bench
Presiding
Tsanga J
Full Bench
Tsanga J
Areas of Law
Succession LawAdministrative Law
Keywords
executor removalMaster of High Courtletters of administrationprocedural fairnessestate administrationsection 116 Administration of Estates Actsection 117 Administration of Estates Act
Tags
executor removalletters of administrationestate administrationprocedural irregularity
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Master followed proper procedure in removing Reason as executor","issue_type":"procedural","dispositive":"yes","related_facts":"Master granted letters to Elliot without court application under s 117"}
- {"issue_text":"Whether Reason was given adequate opportunity to be heard before removal","issue_type":"procedural","dispositive":"no","related_facts":"Reason claims no written notice, Master claims letters sent"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
Reason Masomera was appointed executor of his late mother's estate in 2010 but failed to transfer immovable property to beneficiaries for over 15 years. His brother Elliot complained to the Master, who removed Reason as executor and granted Elliot letters of administration without following proper procedures under s 117 of the Administration of Estates Act.
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