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0501 Tore Summary of Evidence
0501 Tore Summary of Evidence
HELD AT HARARE
In the matter between:
and
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.
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.
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.
and
and
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?
2. DURATION OF TRIAL
3 DISCOVERY
4 INTERPRETER
and