This is an application for a review in terms of s 27 of the High Court Act [Chapter 7:06]. The applicants are beneficiaries in the Estate of the Late Taurayi Joseph Punungwe wherein the first respondent was appointed an independent Professional Executor dative in terms of s 26 (ii) of the Administration of Estates Act [Chapter 6:01]. Applicants brought a complaint to the second respondent against the first respondent in terms of which they sought the removal of the first respondent on the broad basis that the first respondent was not acting in the interest of both the Estate and... More
The plaintiff issued summons out of this court on 21 March 2016 against the first and second defendants for the cancellation of an agreement of sale entered into by the first and second defendants for the sale of an immovable property known as stand number 972 Tshovani, Chiredzi ‘the property’ , eviction of the first defendant, payment of rentals in the sum of $25 800 collected by the first defendant, holding over damages from 1 April 2016 to the date of eviction of the first defendant at the rate of $300 a month and costs of suit on a legal... More
Some rules of this Honourable Court were not strictly complied with by the applicant in this application. The applicant is currently residing in the United States of America. Through a General Power of Attorney dated the 12th of June 2017 the applicant appointed and authorized the deponent to the founding affidavit to file this application on her behalf. The deponent to the founding affidavit Savie Munoriarwa filed this application on behalf of the applicant as a self- actor. That explained why some rules of this court were not strictly followed but be that as it may the application was substantially... More
Kumbirai Manyika Kangai, passed away on 24 August 2013. He died testate and his estate was registered under reference DR 1405/13. On 13 May 2014, the plaintiff lodged a claim for maintenance against the deceased estate in terms of section 3 of the Deceased Persons Family Maintenance Act [Chapter 6:03]. The grounds for her claim were that though she was the first widow of the deceased, she had been omitted in the list of beneficiaries in the deceased’s Last Will and Testament. As a widow, she averred that the estate has an obligation to maintain her.
The marriage between the... More
