HH 459-18 BENJMAIN MUKANDI (In his capacity as the execute dative of the estate of the late Shingirai Bevan Tirivangani Mukandi) v EDMORE ZVIITWA & Anor

BENJMAIN MUKANDI

(In his capacity as the execute dative of the estate of the late

Shingirai Bevan Tirivangani Mukandi)

versus

EDMORE ZVIITWA

and

THE MASTER OF HIGH COURT

 

 

 

HIGH COURT OF ZIMBABWE

MATANDA-MOYO J

HARARE, 21 June 2018 & 9 August 2018

 

 

Opposed Matter

 

 

H Mukonoweshuro, for the applicant

A Gururi, for the 1st respondent

 

 

            MATANDA-MOYO J: The applicant approached the court on an urgent basis. The matter was regarded not urgent and the application was heard as an opposed matter. The applicant was seeking for the relief to compel the first respondent to surrender property and assets belonging to the estate of the late Shingirai Bevan Tirivangni Mukandi (hereafter referred to as Mr Mukandi).

            The brief facts are that, the applicant as the executor dative of the estate of the late Mr Mukandi has a duty provided under s 42 of the Administration of Estates Act [Chapter 6:01] to compel any person who is not an executor of the estate to deliver any asset or property in their possession or custody that belongs to the estate. The first respondent is in possession of an audi S5 motor vehicle and Toyota Land cruiser documents which belongs to the estate of Mr Mukandi as submitted by the applicant.

 

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2018