Masvingo High Court - 2022 September

2 judgments
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2 judgments
Citation
Judgment date
September 2022
Eviction application dismissed because unavoidable material disputes of fact arose over share sale and inclusion of the property.
Property law – eviction – actio rei vindicatio – defences based on lawful possession and purchase of shares; Company/share sale – whether sale included immovable property; Civil procedure – material disputes of fact in application proceedings – dismissal versus referral to trial; Prior litigation and foreseeability of disputes affecting choice of procedure
28 September 2022
Court granted removal of executor on default but exercised discretion, deleted a provision affecting third parties, and awarded ordinary costs.
Administration of Estates Act s85 – removal of executor dative; default judgment – judicial discretion to seek clarification; testate v intestate succession; validity of estate registration; joinder of beneficiaries; protection of third-party purchasers; costs
7 September 2022