HH 258-18 RICHARD MAMUTSE and Anor versus ISAAC TICHAREVA (In his capacity as the Executor of the Estate of the Late SHINGIRAI MAMUTSE) and Ors

RICHARD MAMUTSE

and

PINIEL MAMUTSE

versus

ISAAC TICHAREVA

(In his capacity as the Executor of the Estate of the Late

SHINGIRAI MAMUTSE)

and

THE MASTER OF THE HIGH COURT

and

HEATHER DANAI MATIMADIYI

and

TENDAI PRINCE HILLARY MATIMADIYI

and

REGISTRAR OF DEEDS

 

 

 

HIGH COURT OF ZIMBABWE

MUNANGATI-MANONGWA J

HARARE, 15 May 2018

 

 

 

Opposed Matter

 

 

Ms L Gaba, for the applicants

Mr E Ngwerewe, for the respondents

Mr R Zimudzi for 3rd and 4th respondents

 

EX TEMPORE JUDGMENT

 

            MUNANGATI-MANONGWA J: The applicants who are siblings approached this court seeking a declaratory order viz the estate of their deceased mother on the following terms:

  1. The sale and transfer of the immovable property described as Stand 1249 Rugare Township, Harare to the 3rd and 4th respondents is null and void and consequently set aside.
  2. The 5th respondent should give effect to the provisions of Paragraph 1 and restore the property back into its previous owners’ name.
  3. In the interim, pending the finalisation of the Estate, the Court Order obtained in HC10668/16 against the applicants be and is hereby suspended.
  4. The 1st respondent pays costs of this application on an Attorney-client scale

 

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