CASE INFORMATION: SUPREME COURT CASE NO.: SA 63/2015 CASE PARTICULARS: TJAMUAHA JORAM JANINGAPARA & ANOTHER v MASTER OF HIGH COURT & ANOTHER CASE SUMMARY Issues Whether the court a quo erred by ruling that the second respondent's claim is vindicatory and as such, prescribes after 30 years. Whether the court a quo erred in its ruling that the redistribution agreement signed by the second respondent is of no force and effect. Whether the court a quo erred by setting aside the first and final liquidation and distribution account in the estate of the late Kaimbire Tjamuaha. Whether the court a quo erred by setting aside the supplementary first and final liquidation and distribution account in the estate of the late Kaimbire Tjamuaha. Whether the court a quo erred in its ruling directing the Master of the High Court to appoint an executor with the power to administer, liquidate and distribute the deceased's half share in the joint estate as per his will. Whether the court a quo erred in its ruling ordering the Master of the High Court to further direct the executor so appointed to transfer one half share in the aforesaid joint estate to the second respondent. Facts This appeal concerns an application made by the appellants (applicants in the court a quo) seeking an order to be appointed as administrators of the family trust. The second respondent opposed the application and issued a counter-application seeking several orders, inter alia, declaring a redistribution agreement signed by her of no force and effect, for her appointment as executor to administer, liquidate and distribute the deceased's share in their joint estate
CASE INFORMATION: SUPREME COURT CASE NO.: SA 63/2015 CASE PARTICULARS: TJAMUAHA JORAM JANINGAPARA & ANOTHER v MASTER OF HIGH COURT & ANOTHER CASE SUMMARY Issues Whether the court a quo erred by ruling that the second respondent's claim is vindicatory and as such, prescribes after 30 years. Whether the court a quo erred in its ruling that the redistribution agreement signed by the second respondent is of no force and effect. Whether the court a quo erred by setting aside the first and final liquidation and distribution account in the estate of the late Kaimbire Tjamuaha. Whether the court a quo erred by setting aside the supplementary first and final liquidation and distribution account in the estate of the late Kaimbire Tjamuaha. Whether the court a quo erred in its ruling directing the Master of the High Court to appoint an executor with the power to administer, liquidate and distribute the deceased's half share in the joint estate as per his will. Whether the court a quo erred in its ruling ordering the Master of the High Court to further direct the executor so appointed to transfer one half share in the aforesaid joint estate to the second respondent. Facts This appeal concerns an application made by the appellants (applicants in the court a quo) seeking an order to be appointed as administrators of the family trust. The second respondent opposed the application and issued a counter-application seeking several orders, inter alia, declaring a redistribution agreement signed by her of no force and effect, for her appointment as executor to administer, liquidate and distribute the deceased's share in their joint estate