Thulani Ndlovu (In his capacity as Executrix Dative in the Estate Late Jabulisiwe A. Khumalo DRB 718/21 And Florence Khumalo DRB 397/23) v Osien Sibanda And Master of the High Court N.O And The Registrar of Deeds, N.O

HB 116/23

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Case Details

Court

Bulawayo High Court

Date

29 June 2023

Citation

HB 116/23

Neutral Citation

[2023] ZWHB 116

Outcome

unknown

Case Type

Application

Bench

Presiding

Ndlovu J

Full Bench

Ndlovu J

Areas of Law

Property LawSuccession Law

Keywords

Deceased EstateSale of LandDeclaraturNullityEviction

Key Issues

{"issue_text":"Whether the sale of land by a surviving spouse before registration of the deceased spouse's estate is valid","issue_type":"law","dispositive":"yes","related_facts":"Sale occurred after wife's death but before her estate was registered; property jointly owned"}
{"issue_text":"Whether the court can declare the agreement a legal nullity","issue_type":"law","dispositive":"yes","related_facts":"Unopposed application; applicant is Executor Dative"}
{"issue_text":"Whether eviction order can be granted against 1st respondent","issue_type":"law","dispositive":"yes","related_facts":"1st respondent in possession; no opposition"}

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Facts of the Case

Background

Jabulisiwe Arnot Khumalo and Florence Khumalo, a married couple now deceased, jointly owned immovable property in Bulawayo. After his wife's death but before her estate was registered, Jabulisiwe Arnot Khumalo sold part of the property to the 1st respondent, Osien Sibanda. The applicant, as Executor Dative of both estates, seeks a declaration that the sale is a legal nullity.

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