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MOYO v NCUBE & ORS 2008 (2) ZLR 333 (H)

2008 (2) ZLR p333

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
J Sibanda, for the second defendant
No appearance for the first, third and fourth defendants

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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