DIANA FARM (PVT) LTD v MADONDO NO & ANOR 1998 (2) ZLR 410 (H)
Citation | 1998 (2) ZLR 410 (H) |
Case No | Judgment No. HH-188-98 |
Court | High Court, Harare |
Judge | SMITH J |
Heard | 16 October 1998 |
Judgment | 28 October 1998 |
Counsel | M Shortgame, for the applicant |
Case Type | Opposed application |
Annotations | Link to case annotations |
Flynote
Administration of estates — executor — requirement to deliver assets of estate to executor — duty of executor to recover and safeguard property of deceased estate
Practice and procedure — parties — representation — company — must be represented by legal practitioner
Practice and procedure — stare decisis - decisions of the High Court — single judge departing from ruling made by two judges — breach of stare decisis principle
Spoliation — lawful possession — when established — need to show necessary intention to possess as well as physical possession — wrongful possession by spoliator - what is — administrator of deceased estate removing estate property — not an unlawful removal
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