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Fidelis Munyoro Chief Court Reporter
The Master of the High Court’s decision to authorise the late national hero Kumbirai Kangai’s widow, Miriam, to use half of the money generated from the family business has torched a storm in the already acrimonious estate wrangle.
Ms Marah Hativagone, the national hero’s eldest daughter and former Zimbabwe National Chamber of Commerce president is now suing the Master of High Court, Mr Eldard Mutasa, for the authorisation which she claims was made based on fraud.
She has sought to nullify the Master’s decision through a court application, but Justice Hlekani Mwayera ruled that there were disputed facts which need to be resolved.
She referred the matter to trial on a later date.
In a letter dated December 11, 2013, a Mr S. Madi wrote to the executrix of the estate, Ms Pauline Mandigo, notifying her of the Master’s office decision.
“Having gone through the documents filed of record, it is our considered view that the surviving spouse and co-director, Mrs Miriam Revai Kangai, be allowed to access 50 percent of the income being generated for the land development project under the circumstances.
“It is our respectful view that should it turn out for some reasons that Mrs Miriam Kangai was not entitled to receive the funds, then the disbursed funds may be recovered from her share of inheritance,” said Mr Madi.
At trial, the court will decide whether the Master’s decision was properly arrived at. The court will also inquire whether he heard submissions from both parties before making a decision and whether the decision he made was not induced by fraud.
However, through her lawyer Advocate Sylvester Hashiti, Ms Hativangone argued that there was no proof that her stepmother was enjoying 50 percent of the proceeds of the company before the death of her husband.
The Master, she argued, should protect the interests of all the potential beneficiaries and not one person.
In his last will and testament, Cde Kangai bequeathed 10 percent of his estate to Buhera South Ward 19 while the rest was to be distributed equally among 11 beneficiaries.
In her papers submitted at the High Court, the surviving spouse stated that knives were out against her because some people wanted to get a bigger chunk of her husband’s estate than they were entitled to.
“They forget that I built the company and its assets,” she said in response to Ms Hativagone’s application.
“The worst part is that applicant (Hativagone) is fighting to encroach onto my shareholding of the company, which the late Kangai and myself jointly acquired and worked for,” said Mrs Kangai.
“That should not be allowed. The applicant wants to reap where she did not sow.”
However, Ms Hativagone argued that Mr Mutasa’s resolution was based on a fraud and irregular since he relied on a fake CR14 and that no security had been provided towards the funds being disbursed.
Cde Kangai died in September 2013 and was buried at the National Heroes’ Acre.
Barely a year after his death, his estate sparked a fierce family feud between the surviving spouse and 10 children.
He left a will which stated that everything that belonged to him should be shared between his wife and the children. The estate is believed to be worth millions of dollars.
Last year, Ms Hativagone and her seven siblings approached the Master of the High Court expressing dissatisfaction with the manner the estate was being handled by their stepmother.
In the petition, the eight argued their stepmother Miriam was abusing the estate.
The children themselves are divided over how the estate should be shared.
Two of the children — Muchatenda and Fungai — are fighting in one corner with Cde Kangai’s widow, while Ms Hativagone is on the other side backed by six other children — Eanea, Manyika, Ngwarirai, Rwatinyanya, Musadaro, Tiriwamambo and Freedom.
Ms Regina Maunganidze of Chihambakwe, Mutizwa and Partners is representing Mrs Kangai.
Online Reporter