Ellen Majola v Bekezela Nyoni

The Plaintiff (Ellen Majola) was married to the late Njani Majola who died on 16 July 1999. The Plaintiff and her late husband acquired Stand 20339 Pumula South, Bulawayo as an undeveloped stand from the City of Bulawayo on 26 August 1997 for Z$6000. After her husband's death, the Plaintiff constructed a dwelling house on the stand between 2000 and 2003 using proceeds from farming and sale of livestock. She requested her late husband's brother, Ambrose Majola, to look after the property with her children. Ambrose moved into the completed house and later married the Defendant in 2003. Ambrose died in 2004. The Plaintiff registered her late husband's estate (DRB 633/10) and executed a cession of rights, title and interest in the property into her name on 4 May 2011. When the Plaintiff sought to take occupation, the Defendant resisted, claiming she and Ambrose had purchased the stand from the Plaintiff for Z$20,000 in 2000 because the Plaintiff had fallen in arrears on rates, and that they had constructed the house themselves.

• Whether Stand 20339 Pumula South, Bulawayo was lawfully transferred to the Plaintiff after the death of her husband
• Whether the Defendant or her late husband purchased the property from the Plaintiff
• Whether an alleged verbal agreement for the sale of immovable property belonging to a deceased estate without the Master's consent is valid under section 120 of the Administration of Estates Act

1. The Defendant and all those claiming occupation of house 20339 Pumula South, Bulawayo to vacate the house within 5 days of the granting of the order. 2. The Deputy Sheriff, Bulawayo or his lawful deputy is authorised to evict the Defendant or anyone claiming ownership through her from the property if she fails to comply. 3. The Defendant is ordered to pay the costs of suit.

The sale of immovable assets belonging to a deceased estate requires the consent of the Assistant Master in terms of section 120 of the Administration of Estates Act [Chapter 6:01]. This is a condition precedent which suspends the operation of all obligations flowing from any agreement until the approval of the Master is obtained. The absence of the Master's authority renders any purported agreement of sale void ab initio. A party claiming purchase of property from a deceased estate must establish both the agreement and compliance with statutory requirements, failing which the estate property passes to the lawful heir or beneficiary in accordance with estate administration procedures.

The court observed that the Defendant's failure to lodge a claim when the deceased estate was advertised calling upon debtors and creditors was indicative of the lack of merit in her claims. The court also commented that the Defendant only took action when she faced eviction from the property, suggesting an opportunistic rather than legitimate claim. The court noted that Ambrose Majola was regarded by the Plaintiff as 'a son' and was being looked after by her, making it implausible that he would have had the financial resources to purchase the property.

This case reinforces the strict statutory requirement under section 120 of the Administration of Estates Act [Chapter 6:01] that the sale of immovable property belonging to a deceased estate requires the Master's consent. The judgment clarifies that this is a condition precedent that suspends all obligations flowing from any agreement until such approval is obtained, and that absence of such approval renders purported sales void ab initio. The case also demonstrates the court's approach to credibility assessment in property disputes involving alleged verbal agreements, particularly where the alleged purchaser lacks financial means and documentary evidence.