Patricia Darangwa, who is Genius “Ginimbi” Kadungure’s estate executor has said the socialite’s family has made a lot of misrepresentations in their urgent application.
In her response to the urgent application, Darangwa also said Ginimbi’s family should not seek reversal of the execution proceedings because they were not forced to accept the late businessman and socialite’s unsigned will.
Recently, Ginimbi’s sisters, Juliet and Nelia as well as their father Anderson, filed an urgent application seeking an interim interdict to the execution of Ginimbi’s top of the range vehicle to his best friend.
New Zimbabwe reports that Darangwa also seeks that the urgent application be struck off the roll of urgent cases.
In her heads of arguments, Darangwa said:
“It is respectfully submitted that this matter is not urgent.
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| Genius “Ginimbi” Kadungure |
Darangwa also said Section 8(6) of the Wills Act (Chapter 6:06) gives applicants the right to appeal against the decision of the Master within 30 days but they did not do so.
“There is no explanation in the certificate of urgency as to why it has taken the applicants three months from the date of the Master’s decision to approach this honourable court on ostensibly urgent basis.
“The applicants cannot seek an interdict against the first respondents, barring her from carrying out her duties as an executor. The letters of Administration that empower her remain valid and extant.
Darangwa also said the applicants in the matter did not disclose to the court that they signed affidavits confirming that they had no objections to the unsigned will being used as the late Ginimbi’s will and that it was an accurate reflection of his wishes.
According to Darangwa, not only do the said affidavits show the new position taken by the applicants to be a lie, but also confirm that they consented to the use of the unsigned will.
“…and so, they cannot turn around and claim belatedly that the second respondent erred in accepting it or that they were unduly influenced to accept it. There is no evidence to support the manifestly improbable position that they now take.”
She complained that the applicants in the matter were paying no regard to the fact that the executor has already made significant progress in administering the estate in both Zimbabwe and Botswana and also that she has nearly completed the task of winding up the estate.
Ginimbi died on the 8th of November, 2020, in a tragic car crash involving his Rolls Royce and a Honda Fit vehicle on the northern outskirts of Harare.
Ginimbi was in the company of three other friends who burnt beyond recognition.
