State broadcaster, the Zimbabwe Broadcasting Corperation has been taken to court over an estate which it allegedly sold to one of its late employees in 1997 and intends to evict occupants.
The applicant is Kudzai Lizzy Nduku as the executrix dative of the estate of the late Obert Nduku.
“This is an application for an order declaring the proceedings between first respondent (ZBC) and the late Obert Nduku in the Magistrate’s Court under case number 13777/16 and the subsequent writ of execution issued under those proceedings null and void,” she said.
according to the court papers, the late Nduku is a former ZBC employee and before his demise he was allocated Flat number 303 Hartley House, Josiah Tongogara Avenue in 1997 after ZBC sold the flats to its employees.
On or around 11 April 2016, ZBC brought a court case under case number 13777/16 against the late Nduku seeking an order for his eviction from the property.
ZBC obtained a judgment in that matter and produced a writ of execution for the eviction and attachment of the move to the deceased.
“This action was brought against the deceased himself and I am advised that according to the law, a deceased estate cannot be sued on its own. Section 25 of the Administration of Deceased Estates Act (Chapter 6:01) a deceased estate is represented by an executor or executrix dully appointed with letters of administration by the Master.
The deceased died in 2005 and the summons was issued in 2016 way after his demise. ZBC obtained a judgment which is against the deceased’s estate. I am advised that the judgment is irregular as the law provides that no relief can be obtained unless the estate is represented by the executor.
I was only appointed as Executor on April 23 2018 meaning that prior to the appointment, there was no one authorized to represent the deceased state.
In light of the above, the whole proceedings are null and void. The eviction and the attachment of the movable property of the deceased are null and void,” read the court papers.
The matter is still pending.