Thulisile Sibanda and Others v The Additional Master of the High Court, Bulawayo and Another

HB 64/23

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Case Details

Court

Bulawayo High Court

Date

20 April 2023

Citation

HB 64/23

Neutral Citation

[2023] ZWHB 64

Outcome

unknown

Case Type

Application

Bench

Presiding

MOYO J

Full Bench

MOYO J

Areas of Law

Succession LawAdministrative Law

Keywords

Will validityMaster of the High CourtFunctus officioDeclaratory reliefReview application

Key Issues

{"issue_text":"Whether the application should be struck off the roll as it is procedurally defective","issue_type":"procedural","dispositive":"yes","related_facts":"The applicants sought a declaratur combined with review relief"}
{"issue_text":"Whether the Master had power to declare the will null and void","issue_type":"law","dispositive":"no","related_facts":"The Master declared the will invalid"}
{"issue_text":"Whether the proper remedy is a review application rather than a declaratur","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants sought to set aside and substitute the Master's decision"}

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background

Facts of the Case

Background

The applicants sought to challenge the Master of the High Court's declaration that a will executed by the late Andrew Sibanda was null and void. The Master had declared the will invalid based on the testator's subsequent marriage, but the applicants argued the Master lacked jurisdiction to invalidate a will and that the will remained valid under the Wills Act.

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