Fidelis Munyoro Chief Court Reporter The widow and children of national hero Cde Kumbirai Kangai are locked in a bitter family wrangle over...
Fidelis Munyoro Chief Court Reporter
The widow and children of national hero Cde Kumbirai Kangai are locked in a bitter family wrangle over his estate, believed to be worth millions of dollars, which has since spilled into the courts.
Cde Kangai died last September and was buried at the National Heroes Acre.
He left a will which stated that everything that belonged to him should be shared between his wife and 10 children.
But barely a year after his death, his estate has sparked a fierce family feud between the surviving spouse and children. Even the children themselves are divided over how the estate should be shared.
Two of the children — Muchatenda and Fungai — are fighting in one corner with Cde Kangai’s widow Mrs Miriam Kangai, while the veteran nationalist’s eldest daughter Ms Mara Hativagone is on the other side backed by six other children — Eanea, Manyika, Ngwarirai, Rwatinyanya, Musadaro, Tiriwamambo and Free-dom.
Mrs Kangai says in her court papers filed at the High Court that she is seeking a fair deal, while the Ms Hativagone-led team wants 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 this year challenging the decision.
She also 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.
Through her lawyer, Ms Regina Maunganidze of Chihambakwe, Mutizwa and Partners, Mrs Kangai filed a notice to oppose the application.
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.
Ms Maunganidze has since filed an application seeking to bar Mrs Hativagone’s camp from arguing their case, citing the expiry of the one month period within which they were supposed to have filed their answering affidavit or set the matter down for hearing.
“By reason of the first respondent’s failure, neglect or refusal to file an answering affidavit…the applicant is entitled, as it hereby does, to file a chamber application for dismissal of the court application in case HC2355/14, for want of prosecution,” said Mrs Maunganidze.
On March 20, Tiriwamambo, who is ffighting on the same side with Mrs Hativagone, filed a separate application for 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, who now wants both applications to be dismissed with costs for want of prosecution.
The rest of the estate could not be ascertained at the time of going to print.
Mr Motsi Sinyoro, who is representing Ms Hativagone and seven other children, could not be reached for comment.
The widow and children of national hero Cde Kumbirai Kangai are locked in a bitter family wrangle over his estate, believed to be worth millions of dollars, which has since spilled into the courts.
Cde Kangai died last September and was buried at the National Heroes Acre.
He left a will which stated that everything that belonged to him should be shared between his wife and 10 children.
But barely a year after his death, his estate has sparked a fierce family feud between the surviving spouse and children. Even the children themselves are divided over how the estate should be shared.
Two of the children — Muchatenda and Fungai — are fighting in one corner with Cde Kangai’s widow Mrs Miriam Kangai, while the veteran nationalist’s eldest daughter Ms Mara Hativagone is on the other side backed by six other children — Eanea, Manyika, Ngwarirai, Rwatinyanya, Musadaro, Tiriwamambo and Free-dom.
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| Kangai estate sparks feud |
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 this year challenging the decision.
She also 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.
Through her lawyer, Ms Regina Maunganidze of Chihambakwe, Mutizwa and Partners, Mrs Kangai filed a notice to oppose the application.
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.
Ms Maunganidze has since filed an application seeking to bar Mrs Hativagone’s camp from arguing their case, citing the expiry of the one month period within which they were supposed to have filed their answering affidavit or set the matter down for hearing.
“By reason of the first respondent’s failure, neglect or refusal to file an answering affidavit…the applicant is entitled, as it hereby does, to file a chamber application for dismissal of the court application in case HC2355/14, for want of prosecution,” said Mrs Maunganidze.
On March 20, Tiriwamambo, who is ffighting on the same side with Mrs Hativagone, filed a separate application for 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, who now wants both applications to be dismissed with costs for want of prosecution.
The rest of the estate could not be ascertained at the time of going to print.
Mr Motsi Sinyoro, who is representing Ms Hativagone and seven other children, could not be reached for comment.
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