Mpanza v Mpanza and Others (28/2023) [2023] SZSC 59 (18 December 2023)

Case summary

Civil Law -  Administration of Estates -  Appeal  against  High Court dismissal of application to declare that jurisdiction of the Master of the ffigh Court ousted by Section 68 of the Administration of Estates Act, 1902 - Appellant contending that Section 68 ousts jurisdiction of the Master of the High Court where deceased was married in accordance with Eswatini Law and Custom - Appellant further contending that High Court ought to have followed previous decisions of the Supreme Court on the basis of doctrine of stare decisis.
Civil Law - Administration of Estates - Section 3 of the Wills Act, 1955 -Appellant contending that High Court was wrong to dismiss application to declare last will and testament as void - Appellant contending that formalities prescribed by Section 3(1)(e) ought to have been complied with.

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