HH 448-18 SALMA EBRAHIM versus ATTIYA EBRAHIM ( in her capacity as Executrix Dative of Estate late Basheer Ahmed Ebrahim) & Ors

SALMA EBRAHIM

versus

ATTIYA EBRAHIM ( in her capacity as Executrix Dative of Estate late Basheer Ahmed Ebrahim)

and

MURTLE MATILDA SHENAAZ EBRAHIM

and

AYYAZ EBRAHIM

and

BALLIM CHARTERED ACCOUNTANTS

and

THE MASTER OF THE HIGH COURT N.O

and

THE REGISTRAR OF COMPANIES N.O

and

THE REGISTRAR OF DEEDS N.O

 

 

 

HIGH COURT OF ZIMBABWE

CHITAKUNYE J

HARARE, 13 March and 2 August 2018

 

 

 

Opposed Application

 

Adv. S M Hashiti, for the applicant

Adv. T Mpofu, for the 1st and 4th respondents

M. Chitewe, for the 2nd and 3rd respondents

 

            CHITAKUNYE J. This is an application for the confirmation of a provisional order granted on the 6th April 2017 after applicant had approached this court on a certificate of urgency.

            The interim order granted on the 6th April 2017 was to the effect that:

  1. All prospective sales or sales of movable or immovable assets belonging to the deceased or companies in which the deceased was a shareholder made without the consent of the Master of the High Court in terms of the Administration of Estates Act[Chapter 6:01] be and are hereby stayed.
  2. The 6th and 7th respondents be and are hereby ordered to avail the files of any companies or deeds owned by the deceased estate to facilitate winding up of the deceased estate.

In this application the applicant seeks a final order in the following terms:

 

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2018