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Bulawayo High Court

Thomas Moyo v Carry On Sibanda & 4 Others

HB 21.20

Case Details

Court
Bulawayo High Court
Date
13 February 2020
Citation
HB 21.20
Neutral Citation
[2020] ZWHB 21
Outcome
unknown
Case Type
Condonation

Bench

Presiding
Takuva J
Full Bench
Takuva J
Areas of Law
Civil ProcedureSuccession LawAdministrative Law
Keywords
CondonationLate FilingReviewEstate AdministrationWillPrescription
Tags
CondonationReviewEstate AdministrationWill
legislation
Statutes Cited
  • Rules of the High Court of Zimbabwe 1971
  • Administration of Estates Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicant has shown good cause to justify granting condonation for late filing of review application","issue_type":"procedural","dispositive":"yes","related_facts":"11-month delay, explanation for delay, prospects of success"}
  • {"issue_text":"Whether the applicant has reasonable prospects of success on the merits","issue_type":"law","dispositive":"yes","related_facts":"Existence of alleged Will, jurisdiction of Master to administer estate"}
  • {"issue_text":"Whether the delay is inordinate and requires explanation","issue_type":"procedural","dispositive":"yes","related_facts":"13-month delay beyond 8-week requirement"}
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background
Facts of the Case

Background

The applicant sought condonation for filing a review application 13 months out of time, claiming he only discovered the respondents' involvement in administering the estate of his late father-in-law after receiving an eviction notice. The estate had been wound up and property sold to a third party. The applicant claimed a will existed bequeathing him property, but had never lodged it with the Master of the High Court.
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