Thursday, 25 February 2021

GINIMBI FAMILY CONTESTS WILL, GOES TO THE HIGH COURT


GENIUS KADUNGURE’S family has dragged lawyer Patricia Darangwa to court, accusing her of fraudulently designing the late socialite’s will. Ginimbi died in a car crash on November 8 last year. Darangwa and the Master of High Court are cited as respondents.

According to an application led by the late Ginimbi’s sisters; Juliet and Nelia, and his father Anderson Kadungure, they are challenging the authenticity of the document, which they claim is imprecise and not dated.

The family is seeking an order to stop the administration of the will presented by Darangwa on November 25 pending a High Court review of why the Master of High Court appointed her as the testamentary.

“Applicants seek an interdict in the interim prohibiting any administration of the deceased’s estate pending the return date upon which date a review of the Master of High Court’s decision to appoint Darangwa as testamentary executrix and to accept the will in question shall be sought.

“We also seek that the review proceedings be prosecuted on terms to ensure expeditious resolution of the contestation involving the parties,” wrote Juliet Kadungure.

Juliet said the family was entitled to protect its interests in Ginimbi’s estate and would not rest until the alleged irregularity was finalised.

The Kadungures have labelled the will a nullity for allegedly lacking Ginimbi’s signature and say it falls out of the requirements of the Wills Act. Recently, Darangwa tried to dispose of Ginimbi’s Lamborghini to one of her friends, Kitkat.

“All the acts by Darangwa regarding the deceased’s estate are a nullity. There is need to expeditiously stop Darangwa in her illegal tracks.

“Darangwa is already in the process of permanently disposing of the deceased’s assets . . . without following due process of law, a case in point being her recent disposal of the deceased’s Lamborghini vehicle in terms of distribution account which was neither availed to, nor approved by the Master of High Court and without a proper inventory,” she said.

The record also claims, Ginimbi’s biggest investment, Quick Gases, is on the verge of collapse owing to a loan he obtained from FNB Bank, Botswana.

Authorities in Botswana have rejected the will presented by Darangwa, saying it had irregularities.

The family wants closure on the legitimacy issue and who among them is to be appointed as signatory to save the Botswana business with the company accounts already frozen.

The bank has also given the family up to March 31 to administer foreclosure and liquidation of assets. Before its closure, the Botswana company had more than 10 000 gas cylinders in circulation.

“There is real risk that in the absence of an order of this court, Darangwa may continue to dispose of the deceased’s assets to our irreparable prejudice and that of potential creditors.

“Darangwa continues to take the law into her own hands, she advertises an account during the lockdown, inviting people to come and inspect such account at the Master of High Court, which is currently closed. 

“As applicants we have no other alternative remedy to protect our rights and avert the risk of dissipation of the estate and to seek an expeditious review of Master of High Court’s decision other than by manner of this application,” she said.

The Master of High Court has no jurisdiction to accept as a will a document, which was neither drafted nor signed by a person who has died. “The decision of Master of High Court is illegal and contrary to Section 8 (5) of the Wills Act (6:06).

The decision is therefore a nullity,” she said. H Metro

 

 

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