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No end in sight to Kangai estate wrangle

by Staff reporter
31 Jan 2020 at 19:02hrs | Views
HEARING in the disputed estate of late national hero Kumbirai Kangai did not commence yesterday after one of the lawyers failed to turn up. The case, which has been on the High Court roll for four years, was adjourned last year.

Justice Webster Chinamora will preside over the matter which has been postponed to March 16 with the consent of both parties.

The key issue of contestation pertains to the shareholding structure in the Luna Estates company between the wife and the surviving 10 children.

In an interview, the lawyer representing Mrs Miriam Kangai, Mr Volte Muza, confirmed the adjournment. "The matter failed to take off today because Ms Hativagone's lawyer, Mr Chako of Sinyoro and Partners, is physically indisposed.

So with the consent of both parties the case is expected to start on March 16, 2020," he said. Kangai, who died in 2013, left a will stating that everything that belonged to him be shared between his wife and 10 children.

Two of the children - Muchatenda and Fungai - are fighting in one corner with Mrs Kangai, while the liberation war veteran's eldest daughter - Ms Mara Hativagone - is on the other side backed by six other children - Eanea, Manyika, Ngwarirai, Rwatinyanya, Musadaro, Tiriwamambo and Freedom.

Mrs Kangai in her court papers filed at the High Court said she was seeking a fair deal, while the Ms Hativagone-led team wanted her cut out of the estate.

The dispute spilled into the courts after the Master of the High Court authorised release of proceeds for a land development project to Mrs Kangai. But Mrs Hativagone approached the High Court in March 2014 challenging the decision.

She wanted an order declaring that 100 percent shareholding in Luna Estates (Pvt) Ltd, should remain in the name of their late father. She claimed among other things that Mrs Kangai was not entitled to 50 percent of Luna Estates.

After being served with the notice of opposition, Mrs Hativagone's lawyers were supposed to file an answering affidavit within a month of service, but failed to do so.

On March 20, Tiriwamambo, who is fighting on the same side with Mrs Hativagone, filed a separate application seeking the  setting aside the Master of High Court's decision granting 50 percent shareholding of Luna Estates to Mrs Kangai.

He also asked for an order that the Master of the High Court be compelled to treat immovable assets vested in Luna Estates as if they were Ms Pauline Mandigo's (in her capacity as an executor of the disputed estate) personal assets for purposes of distribution to beneficiaries. Again, no response was made to notice of opposition filed by Mrs Kangai's lawyer.

Source - the herald

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