Yeukai Karengezeka Court Correspondent
Trial commencement for the late hero’s Kumbirai Kangai estate wrangle which has been going on for years failed to kick off at the High Court after one of the lawyers representing the parties failed to turn up.
Justice Webster Chinamora will preside over the matter which has been postponed to March 16 with consent of both parties.
The key issue of contestation is regarding the shareholding structure in the Luna Estates company between the wife and the surviving 10 children.
In an interview, Miriam’s lawyer Mr Volte Muza confirmed the development.
“The matter failed to take off today because Ms Hativagone’s lawyer Mr Chako of Sinyoro and Partners is physically indisposed. So with consent of both parties the case is expected to start on March 16,2020,” he said.
Kangai who died in 2013, left a will which stated that everything that belonged to him should be shared between his wife and 10 children.
Two of the children-Muchatenda and Fungai are fighting in one corner with Mrs Kangai, while veteran’s eldest daughter Ms Mara Hativagone is on the other side backed by six other children — Eanea, Manyika, Ngwarirai, Rwatinyanya, Musadaro, Tiriwamambo and Freedom.
Mrs Kangai in her court papers filed at the High Court said she was seeking a fair deal, while the Ms Hativagone-led team wanted 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 2014 challenging the decision.
She 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.
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.
On March 20, Tiriwamambo, who is fighting 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.