MATSINDE v NYAMUKAPA 2006 (2) ZLR 200 (H)

Flynote

Administration of estates — executor dative — appointment as — eligibility — widow of customary law marriage — not disqualified from appointment — Master of the High Court — duty to appoint executors of deceased estates

Administration of estates — executor dative — claims made on behalf of estate — causes of action which survive the deceased — personal claims — claim of former wife to an equitable share in matrimonial property after divorce — cannot be transmuted to estate of wife after her death

Administration of estates — executor dative — removal — application for — should be made to the Master in the first instance, not to the court — power to remove or retain executors vested in the Master subject to review by the High Court

Family law — husband and wife — divorce — claim for distribution of joint estate — not founded on common law — personal claim peculiar to husband and wife — intended to achieve justice as between former spouses — cannot be transmitted to the estate of deceased's spouse — upon death of one of the parties the claim is incapable of transmissioneven after litis contestatio

Practice and procedure — transmissibility of rights or actions upon the death of the holder — rights in rem and rights in personam — litis contestatio — not all personal actions transmissible after litis contestatio upon death of the holder