VIRIMAI MAKUZVA and KUNDAI MAKUZVA and YEUKAI CHEU (NEE MAKUZVA) versus VIOLA MACHERA (NEE MAKUZVA) and NENGOMASHA FAMILY TRUST and WILSON MANASE (IN HIS CAPACITY AS EXECUTOR OF THE ESTATE LATE MUCHANDIBAYA MAKUZVA) and MASTER OF THE HIGH COURT and REGISTRAR OF DEEDS

Key Issues

• {"issue_text":"Whether the applicants have locus standi to institute the proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"The will intended to transfer property to a Trust that was never created; the applicants are beneficiaries under the will but not specifically named as beneficiaries of the Trust"}
• {"issue_text":"Whether the applicants approached the court using the correct statutory provisions","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants claimed to be suing under section 120 of the Administration of Estates Act but that section deals with authority from the Master to sell property, not removal of executors"}
• {"issue_text":"Whether the applicants' claim has prescribed","issue_type":"procedural","dispositive":"yes","related_facts":"The alleged fraudulent transfer occurred in 2004; the application was filed in 2019; applicants became aware of the transfer 15 years ago"}

Background