KATSANDE v KATSANDE & ORS 2010 (2) ZLR 82 (H)
Citation | 2010 (2) ZLR 82 (H) |
Case No | Judgment No. HH-113-10 |
Court | High Court, Harare |
Judge | Chitakunye J |
Heard | 13 October 2009 |
Judgment | 1 July 2010 |
Counsel | H Mucheche, for the applicant |
Case Type | Civil application |
Annotations | Link to case annotations |
Flynote
Administration of estates - administrator or trustee - inherent power of court to remove administrator or trustee in appropriate circumstances
Administration of estates - executor - duties - duty to act in good faith an in accordance with provisions of will - selling property contrary to provisions of will - sale a nullity - removal of executor - grounds - failure to perform duties according to mandate
Administration of estates - Master - duties and responsibilities - consent to sale of estate property - inquiry before granting such consent -need to take positive steps to verify application for consent to sale
Succession - will -purported sale of a house by executor not in accordance with provisions of will - fraudulence of executor - wrongful consent thereto by Master - rights of minors with interest in will -failure of Master to seek court's authority for sale of house –purported sale a nullity
Succession - will - trustee or executor appointed under a will - inherent power of court to remove such person -failure of testamentary executor to perform his duties - court entitled to remove him
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