Wesley Mutowo v Allen T. Mukuhwa (In his capacity as Executor for Estate Late Martha Mukuhwa) and Others

The applicant sought to revive a court order allegedly obtained in 2006 against the late Martha Mukuhwa, which would have required her to cede immovable property to him. He cited the first respondent as executor of her estate. On 3 November 2025, the High Court struck off the application on the basis that the estate was unrepresented, as the first respondent had been discharged as executor by the Master and his Letters of Administration had not been revived. The judgment was delivered ex tempore. The applicant then applied for leave to appeal to the Supreme Court without first making an oral application for leave when judgment was delivered.

• Whether leave to appeal should be granted against an interlocutory judgment
• Whether the applicant complied with procedural requirements for seeking leave to appeal
• Whether an order can be enforced against a deceased estate that is not represented by an executor
• Whether the grounds of appeal disclose reasonable prospects of success

The application for leave to appeal to the Supreme Court was dismissed with costs on an attorney and client scale.

An applicant seeking leave to appeal against an ex tempore judgment must make an oral application for leave when the judgment is delivered, as required by the rules of court. A party cannot enforce a court order against a deceased estate that is not represented by a duly appointed executor with valid Letters of Administration. Leave to appeal will not be granted where the grounds of appeal lack merit and the proposed appeal is doomed to fail, particularly where the relief sought would improperly convert the appellate court into a court of first instance.

The court made lenient observations about the badly drafted grounds of appeal given that the applicant was a self-actor (litigant in person), indicating the court would "not be hard on him on that aspect." The court noted the applicant's inconsistent position of "blowing hot and cold" by citing someone as executor then claiming the matter had nothing to do with the estate. The court observed that the applicant's stated reasons for wanting to appeal to the Supreme Court (that the High Court in Mutare was "too familiar with this case") demonstrated a failure to appreciate relevant issues, as did references to an earlier rescission of judgment which was irrelevant to the application.

This case illustrates the procedural requirements for seeking leave to appeal in Zimbabwean courts, particularly the requirement to make an oral application for leave when an ex tempore judgment is delivered. It also confirms that an order cannot be enforced against a deceased estate that lacks proper legal representation through an executor with valid Letters of Administration. The case demonstrates the court's willingness to consider self-represented litigants' procedural deficiencies with some leniency while still maintaining basic procedural requirements and the need for meritorious grounds of appeal.