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Fidelis Munyoro Chief Court Reporter
Cecil Madondo, an executor of national hero Charles Njodzi Dauramanzi’s estate, has lost the case in which he was challenging the Master of High Court’s decision to register and wind up the estate of the late Robson Mapurisa, who was the national hero’s business partner.
Mr Madondo, along with the late national hero’s widow Ms Cecilia Vimbainashe Dauramanzi, teamed up against Mapurisa’s son, Brian, accusing him of fraudulently registering and winding up his father’s estate.
At the centre of the dispute is a company called Chivhu Holdings, which was jointly owned by the two late business partners.
Mapurisa died in 1990 while Dauramanzi died 13 years later in 2003. Mapurisa was the majority shareholder with a 74,9 percent stake in the company, while Dauramanzi had 24,9 percent stake.
Mr Madondo and Ms Dauramanzi approached the High Court seeking to reverse the registration and winding up of Mapurisa’s estate, for the second time. The first registration was done in 1990.
But Justice Esther Muremba dismissed the application over non-compliance with procedure.
“With the applicants having adopted the wrong procedure in bringing their matter to court, it means that there is no matter before the court,” she said.
This is the second time Mr Madondo and Ms Dauramanzi have brought their case to the High Court using the wrong procedure.
In their first bid, the pair’s contention was that the registration of the estate was induced by fraud on the part of Brian, who misrepresented facts to the Master of High Court.
And in an attempt to protect the rights and interests of the estate of the late national hero they approached the court by way of an action in case number HC2797/14 seeking a declaratory order that the registration of the estate of the late Mapurisa was fraudulent and void at law.
The matter was dismissed on a technicality because the applicants had approached the court using the wrong procedure.
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