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:
- 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.
- The 5th respondent should give effect to the provisions of Paragraph 1 and restore the property back into its previous owners’ name.
- In the interim, pending the finalisation of the Estate, the Court Order obtained in HC10668/16 against the applicants be and is hereby suspended.
- The 1st respondent pays costs of this application on an Attorney-client scale