Online Reporter
Yeukai Karengezeka
Court Correspondent
A BITTER family estate dispute has spilled into the courts after a widow reportedly forged her late husband’s will, enabling her to sell a 6 000-square-metre stand valued at US$120 000.
Auxillia Muguto (72) appeared before Harare regional magistrate Mr Francis Mapfumo on fraud charges.
The case, prosecuted by Ms Heather Muokoto, has been postponed to November 4 for the commencement of trial.
The complainant, Tafadzwa Muguto, resides in Parktown, Waterfalls, Harare, and is the biological daughter of the accused.
According to the prosecution, the late Kirisimusi Timothy Muguto died on February 7, 2017, and was the lawful owner of Lot 2 of 11 and 12 Powell Road, Parktown, measuring 6 000 square metres.
In 2013, Kirisimusi reportedly informed his family that he had subdivided the property equally among his three children: Tafadzwa, Stanlous and Kudzanai.
Tafadzwa had already taken possession of her portion and built a six-roomed cottage.
Following the father’s death, a will, allegedly drafted by him, was read at the Master of the High Court’s office. According to this will, his estate was to be distributed as follows: A house in Seke, Chitungwiza, to his sibling Finos Muguto, Lot 2 of 11 and 12 Powell Road, Parktown, to be subdivided equally among his three children, and a house at 55 Colwet Road, Chivhu, to his sister, Phillipa Muguto.
However, on August 24, 2024, Tafadzwa received an eviction notice from Realtor Ville Real Estate, which claimed ownership of the entire 6 000-square-metre property.
The notice revealed that Auxillia had sold the land to the real estate company.
In response, Tafadzwa approached the Master of the High Court to request a copy of the will.
Upon review, it was discovered that Auxillia had submitted a forged version of the will, which replaced the original document lodged by the late Kirisimusi Muguto.
Forensic analysis of the disputed will revealed inconsistencies in the signature attributed to the deceased, confirming the forgery.
Investigations showed that Auxillia had misrepresented the fake will as genuine, leading the Master of the High Court to act on it.
This misrepresentation allowed her to sell the property, directly contravening the original arrangements set forth by Kirisimusi.
As a result of Auxillia’s alleged actions, Tafadzwa suffered financial prejudice amounting to US$120 000, with no recovery of the lost property in sight. Auxillia was subsequently arrested and charged with fraud for her role in this family dispute.
