NOREEN CHIKAKA N.O (in her capacity as
Executrix Dative for the Estate Late Nesbert Chauraya)
THE MASTER OF THE HIGH COURT
HIGH COURT OF ZIMBABWE
HARARE 23 October, 1, 2 November 2017 and 14 June, 2018
L Chiperesa for the plaintiff
A Muchandiona for the 1st defendant
CHITAKUNYE J. The plaintiff is a paternal uncle to the late Nesbert Chauraya who died on the 22nd February 2014. The late Nesbert Chauraya was survived by a wife and three children. The plaintiff and the late Nesbert used to reside at Usaramu Farm. The plaintiff occupied the main house whilst the late Nesbert occupied the cottage.
The first defendant was appointed executrix dative in the estate late Nesbert on the 22nd October 2014
On the 4th February 2015 the plaintiff issued summons against the defendants seeking an order couched in the following terms:
- An order declaring that Usaramu Farm should not be treated as the sole property of the estate late Nesbert Chauraya
- An order directing that Usaramu Farm be subdivided into two equal farms and that the estate late Nesbert Chauraya relinquishes the main house and the subdivided farm to the plaintiff, consisting mainly of the land already being utilised by the plaintiff.
- An order directing the 1st defendant to sign all the necessary documents for the subdivision and transfer of one of the two subdivided farms within fourteen days of the order hereof.
- An order authorising the plaintiff to commence the subdivision process of Usaramu Farm within forty eight hours of the granting of this order
- An order that the plaintiff shall meet all the subdivision costs
- Costs of suit on a legal practitioner and client scale.