25 years on, court boots out executor and orders fresh hand to wind up estate

THE High Court has removed a long-serving executor from the estate of the late Annie Kombo after finding that the estate had been left in limbo for more than 25 years, in blatant violation of the law and the deceased’s clear wishes.

In a recent judgment, Justice Mpokiseng Dube ruled that Rugare Mandima, a senior partner at Danziger and Partners in Gweru, had failed in his core duty to administer and distribute the estate “as quickly as possible,” instead running it “in perpetuity” without transparency or accountability.

“In no way can either of them be said to have acted ‘forthwith’,” the judge said, referring to the combined conduct of the late initial executor and Mandima.

“Twenty-five years down the line the 1st respondent has not distributed the estate.”

Annie Kombo, born Kwayedza, died on 6 May 1999 after meticulously crafting a will and codicil with legal assistance. She appointed the senior partner of Danziger and Partners as executor and clearly set out how her estate was to be shared: cash bequests to her daughters and granddaughter, a substantial donation to the Catholic Diocese of Gweru, and the residue of her movable and immovable property to her four sons in equal shares. Anticipating tragedy, she further directed that if any son predeceased her, his share would pass to his children.

As fate would have it, three of her four sons died before her. What followed, the court heard, was a protracted and bitter dispute over an estate that remained unfinalised more than two decades later.

The application was brought by Arnold Kombo, in his capacity as executor of his late father Frederick Kombo’s estate, and his brother Gerald Kombo. They accused Mandima of abdicating his duties, failing to lodge distribution accounts with the Master of the High Court, leasing out the estate’s main asset, a property at 43 Harare Road, Clonsilla, Gweru, without disclosure, and presiding over the deterioration of the property.

“The role of the 1st respondent ought to have been to administer and distribute, as opposed to administering the estate in perpetuity,” the applicants argued.

Mandima denied wrongdoing, claiming the estate presented “sui generis” challenges, including missing documents, vulnerable minor beneficiaries, and instructions from a majority of beneficiaries to preserve the estate through a proposed family trust rather than distribute it. He said he had used estate funds for school fees, groceries and upkeep of the property.

Justice Dube rejected that defence in uncompromising terms.

“It is not a good excuse that the Executor acted from a moral high ground to protect the interests of the minor beneficiaries,” the judge said.

“Such argument is hollow and self-serving. The executor is still charging legal fees in perpetuity.”

The court found that Mandima had effectively aligned himself with a faction of beneficiaries, turning them into his “principals” a position flatly inconsistent with the law.

“An executor is not a mere procurator or agent for the heirs,” the judge said, citing established authority.

“He has no principal and represents neither the heirs nor the creditors of the estate.”

Justice Dube also dismissed preliminary objections raised by Mandima, including claims that the applicants lacked legal standing and had failed to exhaust remedies through the Master of the High Court.

“If the law does not prohibit the applicants from directly bringing their cause to the court, I find no reason why they should go the long route,” the judge said, adding that the Master’s office had itself failed to act for over 25 years.

On the merits, the court held that the executor had violated clear statutory duties requiring estates to be administered and distribution accounts lodged within six months, unless an extension was granted.

“What therefore emerges,” the court noted, “is that the primary duty of an executor is to finalise as quickly as possible the administration of the estate.”

The judge further found that key beneficiaries, including the Catholic Diocese of Gweru, Annie Kombo’s daughters, and the applicants, had never received their entitlements.

While rejecting the applicants’ proposal to appoint the Archbishop of the Catholic Diocese of Gweru as executor, the court ordered decisive corrective action.

“The application for removal of the 1st respondent as executor testamentary… succeeds,” Dube ruled.

The Master of the High Court was directed to appoint an independent, registered professional executor within 14 days, with strict instructions to administer and distribute the estate within six months. Mandima was ordered to pay costs.

The ruling brings a decisive judicial end to what the court described as a deeply troubling chapter in the administration of a deceased estate — and a firm reminder that executors are bound by law, not convenience or personal discretion.