MDM Attorneys

MDM Attorneys Lawyer and law firm

Wishing you a Merry Christmas 🎄🎄🎄🎄.
25/12/2025

Wishing you a Merry Christmas 🎄🎄🎄🎄.

Happy Unity Day Zimbabwe 🤝🤝🤝🤝
22/12/2025

Happy Unity Day Zimbabwe 🤝🤝🤝🤝

We would like to express our gratitude for your support and contribution throughout the year. Warmest wishes for a joyfu...
20/12/2024

We would like to express our gratitude for your support and contribution throughout the year. Warmest wishes for a joyful and blessed festive season.

DID YOU KNOW?Do you know the importance of conducting a due diligence search before investing in real estate? Here is on...
24/09/2024

DID YOU KNOW?

Do you know the importance of conducting a due diligence search before investing in real estate?

Here is one of the reasons why you should engage a legal practitioner to conduct a due diligence search on your behalf before purchasing any immovable property.

“An owner whose property has been sold and delivered without his consent remains the owner, as the seller cannot pass ownership that was not his. The true owner can bring a vindicatory action to recover his property from anyone, including a bona fide buyer, in whose hands he finds it. The general rule that the seller can give no better title than he has operates in favour of the true owner, unless the purchaser proves that the true owner is estopped from denying the seller’s authority to sell.” R.H. Christie, Business Law in Zimbabwe, 2nd Ed, Juta & Co Ltd at p 149-150

04/07/2024

CONTRACTS

A contract can be defined as an agreement intended to be binding on the parties. It can be oral or in writing.
For a contract to be valid, the following essential requirements must be satisfied:
• There must be offer and acceptance.
• It should be lawful.
• The contracting parties must have contractual capacity to enter into the contract.
• There must be animus contrahendi (serious intention to contract).
• The parties must have consensus ad idem (meeting of the minds/ mutual consent).
• Contract must be clear and unequivocal.
• The merx (the thing or things) which is the subject matter of a contract of sale.
• In certain circumstances it must be in writing, eg instalment sale of land.

For written contracts, there is a general rule, often known as the caveat subscriptor rule to the effect that a party to a contract is bound by his signature whether or not he has read and understood the contract, and this will be so even if he has signed in blank or it is obvious to the other party that he did not read the document. It is thus prudent for one to seek legal representation before entering into a contract.

12/06/2024

Today, the 12th of June is a day which is observed annually as the International Day against Child Labour. The main objective of observing this day is to eradicate child labour globally. Here in Zimbabwe, our Constitution, in particular section 81(1)(e) gives the right to every child, that is to say every boy and girl under the age of eighteen years, to be protected from child labour. The 2024 theme is, “Let’s Act on Our Commitments: End Child Labour.”
Child labour can result in slavery, economic and social exploitation, mental and physical harm and even death in worst scenarios. Child labour also negatively impacts the children’s education and health care thereby infringing the children’s fundamental rights to education and health care. If we all join forces and uphold our Constitution, we can surely eradicate child labour. TOGETHER WE CAN END CHILD LABOUR.

Today, we celebrate Africa Day and we join all stakeholders in pursuit of achieving this year's theme, "Education fit fo...
25/05/2024

Today, we celebrate Africa Day and we join all stakeholders in pursuit of achieving this year's theme, "Education fit for the 21st Century".
HAPPY AFRICA DAY.

24/05/2024

PROPERTY DUE DILIGENCE: SALE OF DECEASED ESTATE PROPERTIES
A lot of people have fallen victims of illegal or fraudulent sales of deceased estates property. One should thus act with caution to protect themselves. There are certain legal requirements which must be complied with when a deceased estate property is being sold. It is thus prudent for one to engage a lawyer who can assist with verification of all the necessary documents and procedures. Some of the key pointers which one should take note are as follows:
1. The deceased estate must be registered with the office of the Master of High Court.
2. The property can only be sold by an Executor/ Executrix who is duly appointed as such by the Master of the High Court.
3. The Executor/ Executrix must have letters of administration issued by the office of the Master of the High Court.
4. The Executor/ Executrix must obtain a Consent from the office of the Master of the High Court to sell the property.
5. One must approach the office of the Master of the High Court to verify registration of the deceased estate and the authenticity of the documents obtained from that office.
6. A deed search for the property is necessary to confirm ownership of the property and also check if there are any encumbrances on the property (such as mortgage bond, caveat etc.)
7. It is also crucial to confirm the identity of the Executor/ Executrix to guard against imposters.

Disclaimer: The information contained on this website is for general information purposes only.
You may contact us on +263718133085 or [email protected] for any further legal consultation.

Big shout out to our newest top fans! 💎 Michael Wumangwa Chuma, Alfred Chamunorwa, Lynnet Eve Phiri, Novuyo Ndebele
05/05/2024

Big shout out to our newest top fans! 💎 Michael Wumangwa Chuma, Alfred Chamunorwa, Lynnet Eve Phiri, Novuyo Ndebele

CLAIMING MAINTENANCE FROM THE NET ESTATE OF A DECEASED PERSON.In the event that a person who was maintaining you or enti...
03/05/2024

CLAIMING MAINTENANCE FROM THE NET ESTATE OF A DECEASED PERSON.

In the event that a person who was maintaining you or entitled to maintain you dies, you can claim maintenance from their net estate.

Who can apply for maintenance from the net estate of the deceased?
The law, in particular the Deceased Persons Family Maintenance Act, (Chapter 6:03), provides that the following dependents of the deceased may apply for maintenance in terms of the Act;
a) A surviving spouse.
b) A divorced spouse who at the time of the deceased’s death was entitled to the payment of maintenance by the deceased in terms of an order of court.
c) A minor child.
d) A major child who is, by reason of some mental or physical disability, incapable of maintaining himself and who was being maintained by the deceased at the time of his death.
e) Parent who was being maintained by the deceased at the time of his death.
f) Any other person who-
i. was being maintained by the deceased at the time of his death.
ii. was entitled to the payment of maintenance by the deceased at the time of his death.

Procedure for claiming the maintenance.
An application for maintenance is made to the Master of High Court or where there is no office of the Master in the province where the applicant ordinarily resides, the application may be made to the provincial magistrate.
The application must be made within 3 months from the date of grant of letters of administration to the executor or where the Master has dispensed with an appointment of executor dative, within 3 months of the date of death of the deceased. However, the Master may on good cause shown grant an extension of this period.

Shout out to our newest followers! Excited to have you onboard! Andrea Munyangaru, Solomon Chimboza, Lewis Chimika, Cypr...
17/04/2024

Shout out to our newest followers! Excited to have you onboard! Andrea Munyangaru, Solomon Chimboza, Lewis Chimika, Cyprian Muketiwa Ndawana, Johnson Mawunda, Faith Child, John Jones, Norest Bumhe, Obey Petros, Learnmore Munemo Nyandoro, Joe Moyo, Munyaradzi Muzangwa, Mzwandile Ndabazake

FACT FRIDAYDo you know that it is illegal to subdivide property without getting a subdivision permit from a local planni...
12/04/2024

FACT FRIDAY
Do you know that it is illegal to subdivide property without getting a subdivision permit from a local planning authority. It is also illegal to enter into any agreement for the change of ownership of any portion (subdivision) of the property where a subdivision permit was not obtained. Any person who contravenes this law shall be guilty of an offence and liable to a fine not exceeding level 7 or to imprisonment for a period not exceeding 6 months or to both fine and such imprisonment.

It is prudent to conduct a property diligent search before entering into any agreement of sale or change of ownership of a subdivided land or a portion of a property.

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6 McChlery Avenue
Eastlea

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Monday 07:30 - 04:30
Tuesday 07:30 - 04:30
Wednesday 07:30 - 04:30
Thursday 07:30 - 04:30
Friday 08:00 - 04:00

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