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TRUSTEES, LEONARD CHESHIRE HOMES ZIMBABWE CENTRAL TRUST v CHITE & ORS 2010 (2) ZLR 631 (H)

2010 (2) ZLR p631

Citation

2010 (2) ZLR 631 (H)

Case No

Judgment No. HH-267-10

Court

High Court, Harare

Judge

Uchena J

Heard

19 February 2010; 20 February2010; 13 March 2010; 27 May 2008; 29 May 2008; 30 May 2008; 25 February 2010; 26 February 2010; 11 March 2010; 7 September 2010; 21 September 2010; 28 October 2009; 29 October 2009; 16 February 2010; 26 February 2010; 2 March 2010; 5 March 2010; 6 April 2010; 7 April 2010; 10 May 2010; 11 May 2010; 2 September 2010; CAV

Judgment

15 December 2010

Counsel

T Magwaliba, for the plaintiffs
D S Mehta, for the defendants (from 19 February 2009 to 11 March 2009)
N Mapanzure, for the defendants (from 21 September to 29 October 2009)
Defendants in person (from 15 February to 5 March 2010)
L Chimuriwo, for the defendants (from 6 April to 15 December 2010)

Case Type

Civil trial

Annotations

Link to case annotations

Flynote

Practice and procedure -parties - locus standi - trustees of a trust - need for such trustee to aver his capacity - trustee not validly appointed or exercising powers after term of office has expired - no capacity to act

Practice and procedure -point of law - when may be raised-may be raised at any time if it goes to root of the matter, provided no unfairness to other party results

Trust - trustee - appointment of- validity - need for trustee to hold office in accordance with trust deed - trustee staying on after expiry of term of office - actions and decisions by such trustee invalid - appointment of trustees by court- when court may appoint trustees to ensure continuation of trust - court not entitled to assist trustees in disregard of trust deed

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