MUTYASIRA v GONYORA 2010 (2) ZLR 489 (H)

Flynote

Administration of estates - curator bonis - fees - currency in which fees payable - work done before advent of new currency system - estate not wound up until after new currency system in force - value of estate expressed in US dollars - fee expressed as percentage of value of estate - curator entitled to payment in US dollars

Headnote

D The applicant had been appointed curator bonis in litigation involving a deceased estate. His appointment was set aside and he demanded to be paid his fee for the work he had done. This work had been done before the multi-currency system had been implemented in Zimbabwe. E The respondent, who was the executor of the estate, contended that he could only be paid when the estate had been wound up. It was after the implementation of the multi-currency system that the respondent advertised the first interim administration and distribution account for the estate. The account was drawn up in United States dollars. The applicant subsequently submitted his bill for the work done. After a hearing, the taxing master determined that the applicant's fee should be 10 per cent of the value of the estate and that it should be paid in US dollars. The respondent argued that the fee should be based on Zimbabwe dollars, the currency prevailing at the time the work was done.

Held, that the applicant's entitlement to payment arose from s 96 of the G Administration of Estates Act [Chapter 6:01], under which he was entitled to receive out of the assets of the estate a reasonable compensation for his work in the administration of the estate, the amount to be assessed and taxed by the Master, subject to the review of the High Court. It was necessary for the applicant to wait until the respondent had lodged the account to have the Master assess and tax his fees. It was not possible to calculate the applicant's fees in Zimbabwean dollars when the executrix had used United States dollars. The respondent also claimed and was paid only in US dollars, even though some of her work had been done before the advent of the new currency system.