Chipere & Ors v Nakoma & Ors (HC 850 of 2015) [2016] ZWHHC 78 (28 January 2016)

Chipere & Ors v Nakoma & Ors (HC 850 of 2015) [2016] ZWHHC 78 (28 January 2016)

The applicants failed to provide a convincing explanation for the eight-month delay, did not demonstrate prospects of success on review as the Master was not satisfied with the authenticity of the Wills after considering family disputes and the circumstances, and the applicants had previously accepted the Master's decision. The requirements for condonation were not met.

Citation
[2016] ZWHHC 78
Parties
Applicant: Babra Chipere; Applicant: Getrude Chipere; Former Applicant (struck Off): David Chipere; 1st Respondent (executor Dative in the Estate of the Late Abel Chirara DR 169/14 and Loise Chipere DR 168/14): Oliver Nakoma; Respondent: Paul Chirara; Respondent: Ennie Chirara; Respondent: Master of the High Court
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
28 January 2016
Case Number
HC 850 of 2015
Procedural Posture
Application for Condonation / Ruling on Opposed Application for Condonation of Late Filing of Review
Outcome
application dismissed with costs
Legal Topics
Condonation for Late Filing, Validity of Wills, Intestate Succession, Review of Administrative Decision
Source Language
English
Succession Law Civil Procedure Condonation for Late Filing Validity of Wills Intestate Succession Review of Administrative Decision

Case Brief

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Parties

Babra Chipere

Applicant

Getrude Chipere

Applicant

David Chipere

Former Applicant (struck Off)

Oliver Nakoma

1st Respondent (executor Dative in the Estate of the Late Abel Chirara DR 169/14 and Loise Chipere DR 168/14)

Paul Chirara

Respondent

Ennie Chirara

Respondent

Master of the High Court

Respondent

Procedural Posture

Application for Condonation / Ruling on Opposed Application for Condonation of Late Filing of Review

Legal Issues

  1. 1 Whether the applicants have shown good cause for condonation of late filing of review application against the Master's decision to reject the Wills
  2. 2 Whether the applicants have prospects of success in the intended review of the Master's decision to reject the Wills

Ratio Decidendi

The applicants failed to provide a convincing explanation for the eight-month delay, did not demonstrate prospects of success on review as the Master was not satisfied with the authenticity of the Wills after considering family disputes and the circumstances, and the applicants had previously accepted the Master's decision. The requirements for condonation were not met.

Court Disposition

application dismissed with costs

Orders

  • Application for condonation for late noting of review of the Master's decision to reject the Wills is dismissed with costs.