THE executrix of the late businessman Genius ‘Ginimbi’ Kadungure’s estate Patience Darangwa filed a Supreme Court appeal last Friday, against the High Court ruling which barred her from acting on behalf of the deceased, Zim Morning Post has learnt.
High Court judge Sylvia Chirawu-Mugomba handed down the ruling on March 5, following an urgent chamber application by the Kadungure family.
Represented by the late millionaire’s father Anderson and two sisters Juliet and Nelia, the Kadungure family sought for an order to bar Darangwa from executing the deceased’s estate.
This development was a dramatic somersault, considering the availability of court papers that show that they had initially consented to the tendering of Ginimbi’s unsigned will to the Master of the High Court.
The sudden climb-down was triggered when the late socialite’s best friend Kit Kat (real-name Nomatter Zinyengere) instructed his lawyers Shomwe Nyakuedzwa Attorneys, to process the release of a luxurious Lamborgini vehicle.
The sports car was bequeathed to Kit Kat in the late businessman’s will and he acted in line with the first interim distribution account.
Just over four months after Ginimbi’s death, the family argues that Darangwa exerted undue influence on them when they initially accepted the will in 2020.
On March 12, Darangwa who roped in the counsel of top advocate Sylvester Hashiti, filed an appeal to the Supreme Court, against the the lower court’s judgement which she deemed defective.
In her grounds of appeal, Darangwa challenged High Court judge Mugomba ’s acceptance of an “urgent hearing”, when the Kadungure family had not proffered any new facts (or arguments), different from the ones in existence for the past four months.
“The Court a quo erred in determining that the 1st to 3rd respondent’s cause was deserving of an urgent hearing when the facts actuating the 1st to 3rd respondent’s complaint had subsisted for well over four months,” she queried in her appeal.
She further argued that the High Court should have simply thrown out the case since the Kadungure family had consented to her appointment as executor and fully cooperated.
For four months after Ginimbi’s death, the family was amicably following and consenting to all procedures including the registration of the estate, it was argued.
“The Court a quo further erred and in granting audience to a party which had by express words and direct acts accepted the appointment of the Appellant,” stated Darangwa in her grounds of appeal.
“The decision of the 4th respondent (High Court judge) ,in consequence the court a quo further erred in exercising jurisdiction in a matter redolent with material disputes of fact not resoluble on the papers,” she added.
On the allegation of exerting undue influence on the Kadungure family, Darangwa pointed out that there was no evidence presented in court to prove such.
“The court erred in finding that the appellant used undue influence to compel the 1st to 3rd respondents to accept the deceased will absent any evidence of such undue influence, which allegation was in any event disputed by the appellant,” she further argued.
She also challenged that Mugomba’s ruling “sounded final in nature”, when it was supposed to be an interim relief, pending finalization of the dispute.
To that effect, she prayed that the High Court ruling be set aside with costs or alternatively struck off the roll as an ‘urgent matter’.