Victoria Mahanda (nee Samukange) (In her capacity as the executrix dative of the Estate of the late Webster Samukange) v Obey Zimbodza N.O and Pamela Mkhontwana and Everton Mutsinze and Barbara Mutsinze and The Master of High Court N.O and The Registrar of Deeds N.O

HH 828-22

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Case Details

Court

Harare High Court

Date

16 November 2022

Citation

HH 828-22

Neutral Citation

[2022] ZWHHC 828

Outcome

unknown

Case Type

Application

Bench

Presiding

MHURI J

Full Bench

MHURI J

Areas of Law

Property LawEstate AdministrationDelict

Keywords

FraudExecutor DativeNullificationInnocent PurchaserDeed of Transfer

Key Issues

{"issue_text":"Whether the fraudulent appointment of the executor renders the subsequent sale and transfer void ab initio","issue_type":"law","dispositive":"yes","related_facts":"Fraud in appointment of executor, subsequent sale and transfer"}
{"issue_text":"Whether third and fourth respondents can be protected as innocent purchasers","issue_type":"law","dispositive":"yes","related_facts":"Due diligence claimed by third and fourth respondents, speed of sale"}
{"issue_text":"Whether the law of double sale applies in these circumstances","issue_type":"law","dispositive":"yes","related_facts":"Single seller, fraudulent process"}

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background

Facts of the Case

Background

The applicant sought to nullify a property sale and cancel a deed of transfer, arguing that the appointment of the executor dative was fraudulent. The respondents claimed to be innocent purchasers who had conducted due diligence. The court found that the entire process was tainted by fraud from the outset, rendering all subsequent actions void.

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