The family of the late businessman, Genius “Ginimbi” Kadungure scored a major victory when a High Court judge suspended the executor of his estate from administering it, pending the final resolution of the heated dispute.
The late socialite’s father Anderson Kadungure and his sisters Juliet and Nelia approached the High Court disputing the legitimacy of Ginimbi’s purported unsigned will. The family alleges that the document is fake and also questioned how the Master of the High Court had appointed lawyer Patricia Darangwa as the executor of the estate. The Kandungure family has previously claimed that Darangwa pressured them into accepting the unsigned will at a time when they were mourning the loss of their son and brother.
The flamboyant businessman died in November when his Rolls Royce Wraith was involved in a high-speed crash which resulted in the super vehicle bursting into flames. Socialite Michelle “Mimi Moana” Amuli and two other associates died in the burning car when the doors failed to unlock, due to the impact of the collision.
High Court judge Justice Sylvia Chirawu-Mugomba interdicted Darangwa from administering Ginimbi’s estate after noting that she had authorised the release of Ginimbi’s Lamborghini to Kit Kat, despite the lack of a formal liquidation and distribution account. In her ruling, Justice Chirawu-Mugomba said,
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| Genius Kadungure Estate |
“Their apprehension in the face of the first respondent’s admitted conduct is valid.”
The judge also interdicted the Master of the High Court from accepting anything done by Darangwa in connection with Ginimbi’s estate.
“Darangwa be and hereby interdicted from administering the estate of the late Genius Kadungure”
“[Master of High Court interdicted] from accepting any process in relation to the administration of the estate of the late Genius Kadungure under DR No. 1771/20 filed by or on behalf of Darangwa.”
In addition, the judge also barred the executor from administering Ginimbi’s estate in South Africa, where the late socialite had business interests.
“Darangwa be and hereby interdicted from presenting the letters of administration issued to her in Zimbabwe… to the Master of the High Court in the Republic of South Africa for purposes of the administration of the deceased’s estate in relation to assets in that country.”
Justice Chirawu-Mugomba highlighted that there were “red flags” over the disputed will and ruled that the issue of the legitimacy of the will must be resolved first before any property can be distributed. According to the High Court judge, the Kadungure family has a reasonable prima facie case, which they may win when the matter is reviewed.
“In my view, there are prima facie red flags in the document itself, processes and manner leading to the acceptance of the document as a will . . . that may result in court sitting on review making a finding in favour of the applicants,” she said.
Justice Chirawu-Mugomba noted that if the will is found to be fake, the court will rule in favour of the Kadungures. Ginimbi would then be regarded to have died intestate and the estate would be would up using the basis of intestate succession.
Intestate refers to dying without a legal will. If someone makes a will but it is not legally valid, the rules of intestacy decide how the estate will be shared out, not the wishes expressed in the will.
However, if the unsigned will is found to be valid and legitimate by the High Court review, it will be used to decide how Ginimbi’s estate is distributed and Kit Kat will receive the Lamborghini.
