EXECUTOR of the late socialite Genius “Ginimbi” Kadungure’s estate Patricia Darangwa yesterday told the Kadungure family that they could not seek reversal of his unsigned will after they initially endorsed it.
Ginimbi died in a fatal accident on November 8, 2020,
leaving behind a fleet of top-of-the-range vehicles and a multi-million-dollar
mansion in Domboshawa.
Darangwa made the remarks in response to an urgent chamber
application filed by Ginimbi’s sisters, Juliet and Nelia, and his father
Anderson to reverse the unsigned will.
The family had sought an interdict to stop Ginimbi’s best
friend Nomatter “Kit-Kat” Zinyengere from inheriting one of the deceased’s
top-of-the-range vehicles.
The row started when Ginimbi’s family refused to surrender
the top-of-the range Lamborghini vehicle bequeathed to his friend, Kit-Kat.
The Kadungure family wanted Kit-Kat to produce a birth
certificate to prove that he was, indeed, the one mentioned in the will.
Darangwa said the family had made a lot of
misrepresentations in the urgent application and, as such, the matter should be
struck off the roll of urgent cases.
“It is respectfully submitted that this matter is not
urgent. The master’s decision accepting the unsigned will was arrived at on
November 25, 2020. The applicants were present when the decision was made. It
was made with and based on their consent,” she said.
She said the fact that the family took three months to file
an urgent chamber application showed that there was no urgency.
Darangwa also said section 8(6) of the Wills Act (Chapter
6:06) gave the applicants the right to appeal against the decision of the
master within 30 days, but they chose to do so three months later.
“The applicants have exhibited no urgency whatsoever in
their handling of the present matter. They have carelessly abstained from
action. The applicants cannot seek an interdict against the first respondent,
barring her from carrying out her duties as an executor. The letters of
administration that empower her remain valid and extant,” Darangwa said.
She said the applicants had failed to disclose material
facts that had a bearing on their application, for instance, disclosing to the
court that they signed affidavits confirming that they had no objections to the
unsigned will.
“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,” she said.
Darangwa complained that the Kadungure family members were
paying no regard to the fact that the executor had already made significant. Newsday
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