WE WERE TRICKED BY FAKE LAWYER : GINIMBI FAMILY

I, the undersigned Juliet Kadungure, do hereby make oath and state that: I am a female adult and the 1st Applicant in this application. The facts I depose to herein are personally known to me.

Whilst still gathered at the deceased’s homestead in Domboshava and before his burial, we were approached by Darangwa who indicated to the family that she was an attorney and in possession of the deceased’s will that he had left behind in her custody which among other things provided that he be the testamentary executrix to the deceased’s ’state.

The family was surprised by the news of the will since the deceased never mentioned anything to do with writing his own will to any member of the family.

We were therefore bewildered by the talk of a will, coming as it did amidst mourning, shock and immense media publicity due to the popularity of the deceased. In interactions between the family and Darangwa before and on November 25, we told her that we were not ready to quickly accept the will as having been made by the deceased.

On November 25, a meeting about the deceased’s estate was held at the Master of High Court’s office. Anderson, Neria, Darangwa and I attended the said meeting but before on the same day, Darangwa unduly influenced the family to accept the will and threatened that if as the family we chose to reject it and her executorship, we would have tarnished her reputation as a lawyer and she was prepared to sue us and subject the estate to unwanted delays even all the way up to Supreme Court level.

She in the same vein attempted placate the family by dangling an offer that the family should sign a special power of attorney entitling me to administer the entire estate of the deceased.

The family accepted the will and recommended her appointment in terms thereof as executrix testamentary only because Darangwa influenced us to do so.

When we suggested a need to seek legal advice before expressing our views about the will to the Master of High Court, Darangwa dissuaded us citing that that was unnecessary since we already had her as a lawyer.

The Master of High Court accepted the will, produced by Darangwa to be the deceased’s will in terms of section 8(5) of the Wills Act (6:06).

The Master of High Court also appointed Darangwa as testamentary executrix to the deceased’s estate in terms of the will that he had accepted.

The family worked with Darangwa from the date of her appointment as executrix testamentary, albeit reluctantly, simply because she is the de facto and current executrix testamentary to the deceased’s estate.

However, the family remained with unanswered questions regarding the said will, a copy of which she never furnished the family.

Sometime in January 2021 and after the national lockdown had been introduced, the family decided to get legal advice and engaged the current legal practitioners who advised us of the need to get a copy of the will first to analyze its contents as well as to get the minutes of the meeting of November 25 and other relevant information.

Darangwa refused to avail the will citing that her offices were closed due to the lockdown, we only got a copy of the will upon written request to the Master of High Court.

The Master of High Court availed to us the will that he accepted, the minutes of what transpired on November 25, the inventory as well as the waiver of security contained in his records.

 

 

 

It is noteworthy that according to the minutes, the will was drafted by Darangwa, the same will confers an executorship benefit to her in terms of clause 2 thereof.

During the national lockdown, Darangwa attended to disposal of the deceased’s Lamborghini motor vehicle in hazy circumstances.

This Darangwa did without filing with the Master of High Court a detailed inventory of the deceased’s assets in terms of a distribution account that was never filed with nor approved by the Master of High Court.

This was without advertising the said distribution account in terms of which she sought to dispose of the said Lamborghini vehicle.

My father, my sister and I, as the surviving blood relatives of the deceased who died intestate, have a prima face right to inherit and benefit from the deceased’s estate.

We are entitled to protect our interest in the deceased’s estate in line with our constitutional right to equal benefit and protection of the law.

The document produced as the deceased’s will is a nullity as it does not meet the requirements of s8(1) and s8(5) of the Wills Act (6:06).

The testamentary executorship of Darangwa, emanating as it does from such a document, is also a nullity. All the acts of Darangwa regarding the deceased’s estate are a nullity. There is need to expeditiously stop Darangwa in her illegal tracks.

Darangwa is already in the process of permanently disposing of the deceased’s assets during and within the current national lockdown and without following due process of law, a case in point being her recent disposal of the deceased’s Lamborghini vehicle in terms of a distribution account which was neither availed to, nor approved by the Master of High Court and without a proper inventory.

The deceased’s biggest investment namely Quick Gases in Botswana, is at the risk of liquidation over a loan owing to FNB Bank, Botswana after it totally closed operations because the said bank froze the company’s account over issues respecting the legitimacy of Darangwa and who should be appointed as the signatory on the company account after the deceased’s demise.

FNB Bank, Botswana has given the family a period of only up to March 31, 2021 within which to exhaustively deal with the question of the legitimacy of the executrix and within which unquestionable signatories to the bank account as well as the company directors can be appointed.

Failure to deal with the issues highlighted is such that the company will be subjected to foreclosure and liquidation of assets by the said bank to recover the debt owing to it.

The gas business in Botswana is such that every gas company has its cylinders into which they exclusively fill gas when transacting with customers.

 

In other words, every company only sells gas by filling in a gas tank belonging to, every gas tank bears the colour and brand of the company from which it emanates, I have been informed by one of the company’s employees that already there are some malcontents who are mopping up the company’s branded cylinders from the customers for resale in Zimbabwe.

The end result is that if the company remains closed, by the time it reopens, its customer base will have drastically dwindled.

The company, at the time it closed operations, had more than 10 000 gas cylinders in circulation among its customers in Botswana.

Darangwa is dissipating the deceased’s estate to the permanent and irreparable prejudice of the family when her appointment as executrix by and the will she produced to the Master of High Court are both a nullity.

The will makes reference to some persons without stating their actual/official identities the deceased’s Lamborghini vehicle, arrived in Zimbabwe around 30 November September 2020.

If claims that he instructed Darangwa to draft a will are true, it is not logical that the deceased would bequeath such an expensive vehicle to a shadowy third party exactly 23 days after importing it the deceased had a fleet of expensive cars.

It is curious that none of the rest of his cars is mentioned in the will. Further, there is not even the registration number of the Lamborghini vehicle mentioned in the said will.

The lawyer always lied that she is an attorney until we recently found out that she is not. Her credibility is immediately called into question.

Darangwa never wanted to avail a copy of the will in question to us or to our legal practitioner until we got it through the Master of High Court.

The impugned decision of the Master of High Court and his appointment of the Darangwa cannot stand. The court should declare that the deceased died intestate. He did not make/leave behind any will.

The produced will is fake. I pray it be declared null and void. I also seek revocation of Darangwa’s appointment as testamentary executrix, hence this application.

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