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ROGERS v ROGERS & ANOR 2008 (1) ZLR 330 (S)

2008 (1) ZLR p330

Citation

2008 (1) ZLR 330 (S)

Case No

Judgment No. S-64-07

Court

Supreme Court, Harare

Judge

Cheda JA, Malaba JA and Gwaunza JA

Heard

14 May 2007

Judgment

27 May 2008

Counsel

E T Matinenga, for the appellant
J C Andersen SC, for the first respondent
No appearance for the second respondent

Case Type

Civil appeal

Annotations

No case annotations to date

Flynote

Practice and procedure — application — dismissal of — summary dismissal of action — action "frivolous" — when action may be regarded as frivolous

Will — undue influence — allegation of undue influence on testator — declaration — need to set out therein all material facts necessary to sustain the averment of undue influence

Will — validity — undue influence on testator — what amounts to undue influence — need to show that undue influence actually influenced making of the will — revocation of earlier will by a later will — language of later will clear and unambiguous — revocation of earlier will effective

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