IN THE HIGH COURT OF ZIMBABWE CASE NO: HC 5147/02

HELD AT HARARE
In the matter between:

MUTSA TORE Plaintiff

and

SEKAI PRISCA CHINYERERE & 12 OTHERS Defendants

PLAINTIFF’S SUMMARY OF EVIDENCE

____________________________________________________________

At the trial Plaintiff will lead evidence to the effect that;

1. He was married to the late Alice Tore in terms of the then Marriages Act (Chapter 37)
(now Chapter 5:11) from 2nd October 1982 to the time of her death.

2. Defendants are all relatives of the late Alice Tore.

3. On the 15th of February 2000, the late Alice Tore executed a will in which she made
various bequests to the twelve Defendants and to the Plaintiff distributing matrimonial
property.

4. During the subsistence of the marriage he and the late Alice Tore jointly acquired the
matrimonial property that she has wrongly bequeathed to her relatives.
5. He applied jointly with his wife for a CABS loan used to purchase stand 4553 Salisbury
township otherwise known as 30 Woodstock Avenue, Arcadia, Cranborne, Harare.

6. He had to sell his Renault R10, garden tools, wedding presents, fishing kit, and had to
borrow money to pay for the difference between the purchase price of the house and the
amount borrowed from the building society.

7. He and his late wife received a joint guarantee from P.T.C to purchase the aforesaid
property.

8. He made some improvements to the immovable matrimonial property at his own

expense.

9. He is legally entitled to half the matrimonial property by virtue of his contribution

towards its acquisition.

10. He paid for some of the household property together with the late Mrs. Tore.

11. The insurance policy insuring the household was registered in both their names (i.e. Mr.
M and Mrs. A Tore).
12. The late Alice Tore wrongfully bequeathed the property to the twelve Defendants.

13. If Alice Tore’s will is allowed to stand it will unjustly enrich the twelve Defendants to
the detriment or prejudice of the Plaintiff.

14. Plaintiff will therefore pray that the will of the late Alice Tore is set aside to the extent
that it awards Plaintiff’s half share of the property to the Defendant.

Dated at Harare this day of July 2004.

Mawere & Sibanda

Applicant’s Legal Practitioners
10th Floor, Southampton House
Union Avenue/First Street
Harare (VB Sibanda/ 0501/DAM)

To: The Registrar

High Court of Zimbabwe
Harare

and

To: Mapombere, Musakana & Partners

Defendants’ Legal Practitioners
3rd Floor, Lintas House
46 Kwame Nkrumah Avenue
Harare (WM/OH/255/en)
IN THE HIGH COURT OF ZIMBABWE CASE NO: HC 5147/02
HELD AT HARARE
In the matter between:

MUTSA TORE Plaintiff

and

SEKAI PRISCA CHINYERERE & 12 OTHERS Defendants

PLAINTIFF’S PRE-TRIAL CONFERENCE MINUTES

1. ISSUES

1. Whether or not the late Alice Tore had the right to bequeath the matrimonial property she
acquired together with the Plaintiff to the Defendants?

2. Whether or not the Plaintiff contributed to the purchase of the matrimonial property in
particular stand number 4553 Salisbury Township otherwise known as 30 Woodstock
Avenue, Arcadia, Cranborne, Harare?

3. Whether or not the Plaintiff is entitled to half the matrimonial property?

2. DURATION OF TRIAL

Three (3) days

3 DISCOVERY

To be made in terms of the rules

4 INTERPRETER

Defendants to arrange for one if required.

Dated at Harare this day of July 2004.

Mawere & Sibanda

Applicant’s Legal Practitioners
10th Floor, Southampton House
Union Avenue/First Street
Harare (VB Sibanda/ 0501/DAM)

To: The Registrar

High Court of Zimbabwe
 Harare

and

To: Mapombere, Musakana & Partners

Defendants’ Legal Practitioners
3rd Floor, Lintas House
46 Kwame Nkrumah Avenue
Harare (WM/OH/255/en)