Virginia Chidhakwa (nee Machokoto) v Manala Loveness Motsi and Another

HB 138.20

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Case Details

Court

Bulawayo High Court

Date

2 July 2020

Citation

HB 138.20

Neutral Citation

[2020] ZWHB 138

Outcome

unknown

Case Type

Application

Bench

Presiding

KABASA J

Author

Kabasa J

Full Bench

Kabasa J

Areas of Law

Administration of EstatesSuccession Law

Keywords

ExecutorEstate AdministrationAccountabilityMaster's FeesDistribution Account

Key Issues

{"issue_text":"Whether the applicant has locus standi to apply for the removal of the Executrix Dative under section 85(1) of the Administration of Estates Act, or if such power is exclusive to the Master under section 117(1).","issue_type":"procedural","dispositive":"yes","related_facts":"The applicant is a beneficiary; the Master has not removed the respondent."}
{"issue_text":"Whether sufficient cause exists to remove the 1st respondent as Executrix Dative under section 85(1) of the Administration of Estates Act.","issue_type":"mixed","dispositive":"yes","related_facts":"Delays since 2014, sale of property, failure to account, non-payment of fees, contradictory evidence."}

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Facts of the Case

Background

The applicant, a beneficiary of a deceased estate, sought the removal of the 1st respondent as Executrix Dative for failing to finalise the estate since her appointment in 2014, selling a property without necessity, failing to account for rentals, and not paying Master's fees. The 1st respondent claimed she had lodged a distribution account and was awaiting approval, but the Master's report contradicted her claims and supported the applicant's allegations of misconduct and delay.

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