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Harare High Court
TOMU NYANDORO and ESTATE LATE PAULINO OLIVERIA MARTINS
HH 17-2010
Case Details
Court
Harare High Court
Date
3 February 2010
Citation
HH 17-2010
Neutral Citation
[2010] ZWHH 17
Outcome
unknown
Case Type
Application
Bench
Presiding
CHITAKUNYE J
Full Bench
CHITAKUNYE J
Areas of Law
Administration of Deceased EstatesProperty LawContract Law
Keywords
truckloanpro-forma invoiceclaimexecutor
Tags
deceased estateproperty claimexecutor
legislation
Statutes Cited
- Administration of Deceased Estates Act
- High Court Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the respondents are barred from opposing the application due to failure to file heads of argument within the prescribed time.","issue_type":"procedural","dispositive":"yes","related_facts":"Failure to file heads of argument by 13 June 2009; failure to apply for upliftment of bar."}
- {"issue_text":"Whether the applicant is entitled to the release of the truck from the deceased's estate.","issue_type":"mixed","dispositive":"yes","related_facts":"Loan agreement; pro-forma invoice; death of deceased; rejection of claim."}
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background
Facts of the Case
Background
The applicant claimed he lent $5 billion to the late Paulino Oliveria Martins, who died before delivering an International Truck horse purchased for the applicant. The applicant sought an order preventing the truck from being included in the deceased's estate and directing its release to him. The respondents, the executor and the Master of the High Court, opposed the application but were barred from filing heads of argument.
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