HARARE – Zimbabwe’s High Court has ruled that the Master of the High Court acted irregularly in removing an executor of a deceased estate, ordering the Master to cancel letters of administration granted to another party and to follow proper procedures for the executor’s removal.
The case involved Reason Masomera, executor of the estate of the late Rosemary Mashata, versus Elliot Masomera and the Master of the High Court.
The dispute centered around the administration of the estate, particularly the transfer of a property known as Stand No. 8056 Cold Comfort.
Reason Masomera, the applicant, was appointed as the executor of the estate in 2010. However, the transfer of the property to the beneficiaries, Reason and Elliot Masomera, was delayed.
The Master of the High Court received complaints from Elliot Masomera regarding Reason’s failure to transfer the property. The Master subsequently removed Reason as the executor and granted Elliot letters of administration to complete the transfer.
Reason Masomera challenged the Master’s decision, alleging that it was made without following proper procedures and without giving him an opportunity to be heard. The High Court ruled in favour of Reason Masomera, holding that the Master’s decision was procedurally irregular.
High Court judge Amy Tsanga found that the Master did not follow the prescribed steps for removing an executor and granting additional letters of administration.
According to the Administration of Estates Act, the Master can only remove an executor through an application to a judge in chambers.
“There is no doubt that the actual procedure for removing the applicant as executor was not followed by the Master.
“On the face of it, there are indeed strong grounds for his removal as he is failing to finalise the estate by mixing his duties as executor with his own interests as a beneficiary,” the judge stated.
“The duties of an executor are captured in sections under Part III of the Act and they include gathering the assets of the deceased, advertising for debtors and creditors, drawing up and advertising the final liquidation account and distributing the estate.
“Clearly, improving the deceased’s estate and holding a co-beneficiary to ransom by refusing to wind up the estate is not one of those expectations.
“The estate must be transferred with each contributing to the transfer and any claims between the brothers for improvements addressed thereafter between them.”
Justice Tsanga ordered the Master to cancel the letters of administration granted to Elliot Masomera and to follow proper procedures for the removal of the executor, if necessary.
“I do not think the Master was biased in any way but due to procedural irregularities in the removal of the executor, it is accordingly held as follows;
“The application for review of proceedings against the decision of the Master of the High Court in removing the applicant as executor un-procedurally is hereby granted.
“The second Respondent is ordered to cancel the letters of administration granted to the first Respondent on the 11th of September 2024 and to follow proper procedures, if necessary, for the removal of the executor.
“Each party shall pay its own costs,” the judge ruled.
