admin
magistrate’s court, Justice Ben Hlatshwayo ruled that the Law Society of Zimbabwe should investigate Mwonzora and Partners’ conduct.
“Accordingly, the court a quo did not misdirect itself in holding that the sale of the house violated Section 21 of the Administration of Deceased Estates Act and was not saved by the exception in Section 41,” he said.
“In the premises, this appeal is dismissed with costs. The conduct by Messrs Mwonzora and Partners in representing both parties in this matter be and is hereby referred to the Law Society of Zimbabwe for its investigation.”
It is stated in the High Court judgment that Mr Alvin Roy Adams died in 2004 and left behind a wife, Ms Elizabeth Mary Adams, and three children who are now adults.
In 2005, Ms Adams decided to sell a house forming part of the estate and approached Mwonzora and Partners to represent her in the sale. Although the estate was not yet registered at the High Court as required by law, the firm facilitated the sale and sealed a deal with Mr Alfred Muchini, who was interested in buying the property.
The price was pegged at Z$350 million.
Mr Muchini evicted Ms Adams and her family from the property and eventually took occupation. When Ms Adams continued to press Mwonzora and Partners to release the money, she was told that the same law firm was now representing Mr Muchini.
She was advised to engage another lawyer to represent her.
Ms Adams then engaged lawyers Robson and Makonyere who informed her that the sale was done before the registration of the estate and that it should be nullified.
A bid by Mr Muchini to stop his eviction from the house failed after the court invalidated the sale on the basis that it violated Section 21 of the Administration of Deceased Estates Act. That prompted Mr Muchini to appeal against the decision at the High Court.
Online Reporter