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Civil Procedure [2022] ZASCA 148

Nyamukamadi Mukumela Denga (Mabirimisa) & Others v Mabirimisa Tshililo Arnold N N O & Others (1296/2021)

Nyamukamadi Mukumela Denga (Mabirimisa) & Others v Mabirimisa Tshililo Arnold N N O & Others (1296/2021) [2022] ZASCA 148 (31 October 2022)

The Supreme Court of Appeal held that the estate of the late Mudzielwana Josiah Denga Mabirimisa was reported and administered under the Black Administration Act in 1998. The existence of a settlement agreement, made an order of court by the Magistrate, and evidence of payments to the appellants' trust, supported the respondents' version that the estate was finalised. The appellants failed to provide sufficient grounds to challenge the validity or effectiveness of the settlement agreement or the Magistrate's order. The repeal of the Black Administration Act did not retrospectively require est…

  • Administration Of Deceased Estates
  • Customary Law Of Succession
  • Black Administration Act
  • Settlement Agreement
  • Finalisation Of Estate
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