HH 242-18 MIRIAM DZIVA ELIAS DIKINYA versus PRECIOUS CHAKASIKWA N.O. and Ors

MIRIAM DZIVA ELIAS DIKINYA

versus

PRECIOUS CHAKASIKWA N.O.

and

MASTER OF THE HIGH COURT

and

ROY GEORGE TINASHE DIKINYA

and

RUNYARARO CAROL CHARMAINE DIKINYA

and

TERRENCE GIFT DIKINYA

 

 

HIGH COURT OF ZIMBABWE

ZHOU J

HARARE, 12 February & 9 May 2018

 

Opposed Application

 

T. Govere for the applicant

Miss C. Malaba for the first respondent

Miss M. Mutero for the third and fourth respondents

 

ZHOU J: The applicant is the surviving spouse of the deceased George Dikinya who died at Harare on 16 March 2016.  The first respondent is the Executrix Testamentary of the Estate of the Late George Dikinya (hereinafter referred to as “the deceased”). The third and fourth respondents are children of the deceased.  The instant application is for an order declaring the last will and testament of the deceased to be null and void and for the setting aside of the appointment of the first respondent as well as the firm of attorneys of which she is a senior partner as Executrix Testamentary or for such appointment to be declared null and void.  The inclusion of the law firm in the draft order is misplaced as it is not cited as a respondent and, in any event, was not appointed as the Executrix Testamentary by the letters of administration.  The applicant further seeks the annulment of the letters of administration issued by the second respondent appointing the first respondent to be the Executrix Testamentary.  Finally, the applicant prays for an order directing 

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2018