(In his capacity as the execute dative of the estate of the late
Shingirai Bevan Tirivangani Mukandi)
THE MASTER OF HIGH COURT
HIGH COURT OF ZIMBABWE
HARARE, 21 June 2018 & 9 August 2018
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.