HEALTH and Child Care permanent secretary Aspect Maunganidze (pictured) has challenged the will of his late father, who previously served as Tourism permanent secretary, Bradah Sylvester Maunganidze, at the High Court.
The will included a property that was allegedly donated to Aspect at his wedding after it emerged that the same property was also given to the other two children born out of an adulterous affair.
Aspect is fighting for control of the property.
He cited the executor of the estate, Canaan Dube, Langton Maunganidze and Jessy Machingauta, who is the guardian of a minor Letwina Chiedza Maunganidze, The Master of the High Court and Registrar of Deeds as respondents, respectively.
Machingauta is the mother of Langton and Letwina and both are represented by Farai Mubangwa of Mubangwa and Partners.
The matter was heard by High Court judge Justice Fatima Maxwell, who reserved the judgment.
In his court application, Aspect submitted that his late father is the registered owner of the immovable property called Stand 374 Greencroft Township 8 of Subdivisions A & B of Mabelreign and commonly known as number 11 Marden Crescent, Avonlea, Harare.
He submitted that his father verbally donated the said property to him as a wedding present on April 20, 2000.
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Aspect submitted that he duly accepted the donation and proceeded to take up occupation of the property as well as to effect substantial improvements on it.
He submitted that on or before February 3, 2009, his father, through his last will and testament, purported to bequeath the said property to his two children, Langton and Letwina, from an adulterous relationship.
He submitted that the said property was not available to the late Maunganidze to bequeath to the aforesaid children as the said property had already been donated to him.
Aspect submitted that his late father’s will is invalid to the extent that it purports to deprive him of his rights and interest on the said property pursuant to the aforesaid donation.
He submitted that the purported bequest of stand 374 Greencroft Township 8 of subdivisions A and B of Mabelreign to Letwina Chiedza, the second defendant and minor child, is accordingly invalid and ought to be set aside.
He further submitted that the will should be declared invalid and of no legal force or effect.
Lawyers representing Langton and Letwina denied that the property in question was donated to Aspect.
They argued that Aspect only waited to claim ownership of the property in 2022, more than 20 years after the alleged donation.
They submitted that without any Deed of Donation and transfer registered in favour of Aspect the allegation of donation is unfounded and must be dismissed.
They argued that the will is valid, saying there is no basis of invalidating the bequest as the alleged donation never took place.
Justice Maxwell, however, reserved the judgment.
