By Mary Taruvinga
THE executor of Genius Kadungure a.k.a Ginimbi’s estate, Patricia Darangwa has hit back at the Kadungure family saying they could not seek reversal of execution proceedings because they were not forced to accept the late businessman and socialite’s unsigned will.
Darangwa was responding to an urgent chamber application submitted by the Kadungure sisters, Juliet and Nelia as well as their father Anderson, recently, seeking an interim interdict to the execution of Ginimbi’s top of the range vehicle to his best friend.
The High Court has been told that the family made a lot of misrepresentations in the urgent application, and as such, it should be struck off the roll of urgent cases.
“It is respectfully submitted that this matter is not urgent,” said Darangwa in her heads of argument.
“The master’s decision accepting the unsigned will was arrived at on the 25th of November 2020. The applicants were present when the decision was made. It was made with and based on their consent,” said the executor.
She said the fact that the family took three months to make an urgent chamber application showed that there was no urgency.
Darangwa also said Section 8(6) of the Wills Act (Chapter 6:06) gives applicants the right to appeal against the decision of the Master within 30 days but they did not do so.
“The applicants have exhibited no urgency whatsoever in their handling of the present matter. They have carelessly abstained from action.
“There is no explanation in the certificate of urgency as to why it has taken the applicants three months from the date of the Master’s decision to approach this honourable court on ostensibly urgent basis.
“The applicants cannot seek an interdict against the first respondents, barring her from carrying out her duties as an executor. The letters of Administration that empower her remain valid and extant.
“It is respectfully submitted that the applicants have not been candid with the court and they have failed to disclose material facts that have a bearing on their application.
“In particular, they did not disclose to the court that they signed affidavits confirming that they had no objections to the unsigned will of the deceased being used as his will and that it was an accurate reflection of his wishes. This is material to the matter at hand,” said.
Darangwa is cited as the first respondent in the application while the Master of the High Court is the second respondent.
According to Darangwa, not only do the said affidavits show the new position taken by the applicants to be a lie, but also confirm that they consented to the use of the unsigned will.
“…and so, they cannot turn around and claim belatedly that the second respondent erred in accepting it or that they were unduly influenced to accept it. There is no evidence to support the manifestly improbable position that they now take.”
Darangwa said the requirements of an interim have not been satisfied.
She complained that the Kadungure sisters were paying no regard to the fact that the executor has already made significant progress in administering the estate in both Zimbabwe and Botswana and also that she has nearly completed the task of winding up the estate.
The growing row over of the late businessman’s property erupted when his family refused surrender the top-of-the range Lamborgini vehicle bequeathed to his friend “Kit Kat”.
The family had however accepted an unsigned will which regarded Kit Kat as the beneficiary of the vehicle.
Ginimbi’s siblings and father have now hired their own lawyers to fight the executor and to try and overturn the will.
But the executor says the court should not grant the interim interdict they seek.
The flamboyant businessman died November 8, 2020 in a tragic car crash involving his Rolls Royce and a Honda Fit vehicle on the northern outskirts of Harare.
Three friends who were in his company were also burnt beyond recognition in the shock incident.