A High Court Judge has stopped the executor of Genius Kadungure’s estate, Patricia Darangwa from administering the estate of the late socialite and businessman, pending finalisation of the dispute.
In the ruling, Justice Sylvia Chirawu-Mugomba said Darangwa jumped the gun in authorising the release of a Lamborghini in the absence of a proper liquidation and distribution account.
“In my view the applicants cannot be faulted for holding the view that irreparable harm may result from the conduct of first respondent. Their apprehension in the face of the first respondent’s admitted conduct is valid.”
The Judge also said even if the court found that on the return date that the disputed document should be taken as a will, the Kadungures’ rights should be protected.
In their application, the Kadungures outlined the basis upon which they believed the document (unsigned will) was fake and should be nullified while Darangwa explained the circumstances surrounding the preparation and presentation of the document.
But Justice Chirawu-Mugomba ruled that the acceptance of any document that did not meet the requirements was not “a walk in the park”.
“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 said the question on review should revolve around the circumstances leading to the writing of the document and whether or not a proper inquiry was conducted of the document itself.
She said the whole basis was to arrive at the truth and rule out fraud. The judge added that if the court find in favour of the Kadungures on the return date, then the estate would be wound up on the basis of intestate succession.
The Herald reports that if not, the document would continue satisfying as Ginimbi’s.
The ruling comes after the late Ginimbi’s sisters; Juliet and Nelia, and his father Anderson Kadungure, approached the High Court suing lawyer Patricia Darangwa.
They wanted an order stopping any administration of an unsigned will presented by Darangwa on November 25 pending a High Court review on why the Master of High Court appointed her as the executrix.
The family is also challenging the legitimacy of the document.
Popularly known as Ginimbi in social circles, Kadungure died in a horrific car accident along Borrowdale road last year.
He was in the company of three friends who also died on the spot.