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ROGERS v ROGERS & ANOR 2006 (2) ZLR 256 (H)

2006 (2) ZLR p256

Citation

2006 (2) ZLR 256 (H)

Case No

Judgment No. HH-116-06

Court

High Court, Harare

Judge

Kamocha J

Heard

27 September 2006

Judgment

1 November 2006

Counsel

J C Anderson SC, for the applicant
A P de Bourbon SC, for the first respondent
No appearance for the second respondent

Case Type

Civil application

Annotations

No case annotations to date

Flynote

Practice and procedure — action — dismissal of — application for — allegation that action is "frivolous and vexatious" — test to be applied — need to show that plaintiff does not have an arguable case

Will — validity — undue influence on testator — what amounts to undue influence

Will — variation — application to vary provisions of will — general principles to be applied — save in exceptional circumstances or under statutory authority courts will not authorize a variation where the provisions of the will are capable of being carried out and not contrary to law or public policy

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