MOYO v NCUBE & ORS 2008 (2) ZLR 333 (H)
Citation | 2008 (2) ZLR 333 (H) |
Case No | Judgment No. HB-122-08 |
Court | High Court, Bulawayo |
Judge | Kamocha J |
Heard | 5 November 2008 |
Judgment | 27 November 2008 |
Counsel | N Mazibuko, for the plaintiff |
Case Type | Civil action |
Annotations | No case annotations to date |
Flynote
Enrichment – will – wrong person paid in error under will and enriched thereby – right of true heir to recover his inheritance – extent of his recovery in terms of the condictio
Practice and procedure – parties – joinder – non-joinder of a party – not a basis for defeating the cause of action
Practice and procedure – parties – locus standi – beneficiary under a will – locus standi to claim recovery of inheritance wrongly given to another
Succession – will – beneficiary – locus standi to bring action to recover inheritance wrongly given to another – extent of recovery permissible
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