Former Gutu Rural District Council District Administrator, Makepeace Muzenda, has been summoned to court for fraudulently transferring her late husband’s property into her own name to evade its distribution in an estate.
Muzenda and another woman were married to Kudakwashe
Mutongi who died in the early 2000s.
According to papers, Mutongi was a holder of lease rights
on Stand number 414 of Gutu Rural District Council with an option to buy the
commercial property.
Gutu Rural District Council chief executive officer has
also been cited as a respondent in the matter.
However, following Mutongi’s death, the property was listed
in the inventory field with the Master of High Court as Mutongi’s property.
Further allegations point that, sometime in 2009 Muzenda
allegedly caused the transfer of the same property from the deceased’s estate
into her name after conniving with officials at Gutu Rural District Council.
Now, Freddy Chimbari, who was appointed executor of the
late Mutongi’s estate claims he wasn’t aware how the property was now
registered as Muzenda’s own.
“The property is listed in the inventory filed with the
Master of High Court as property which belongs to the late Mutongi. The
inventory was duly signed by Muzenda.
“The distribution account has not been drawn and neither
was the estate wound up. Further, Muzenda and Gutu Rural District Office chief
executive officer have not sought the consent of the Master of High Court to
transfer the property.
“The property has since been transferred into Muzenda’s
name and as it stands she is registered owner of the estate property,” reads
the summons.
Chimbari wants the court to declare the property to be
belonging to Mutongi and be made liable for distribution amongst his children
and two wives.
“The lease agreement between Muzenda and the Gutu Rural
District should be cancelled for they were fraudulently obtained,” reads the
papers.
In her plea, Muzenda and the Gutu Rural District Council
chief deny that the property was ever leased to her late husband.
“They will further state that even assuming that the late
Mutongi had a lease agreement for the property in question, which is denied, it
would not mean that the property in question becomes estate property which
should be administered by Chimbari.
“Further, that any such lease agreement would have been
terminated by the death of the late Mutongi,” reads Muzenda’s plea.
Muzenda also claims there are no title deeds to prove that
the said property belonged to her late husband.
However, the court has asked Muzenda to explain why she
inserted the immovable property on the preliminary inventory as one of
Mutongi’s properties. H Metro
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