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Patrick Chitongo
The High Court of Zimbabwe, seated in Masvingo last week heard submissions from all concerned Chinounda family members, in a bid to resolve the contentious empasse and bickering over the late Fana Mapiye Chinounda Estate.
The Court was convinced that Eritha Chinounda (Executor) who is also wife to the late, assisted by his other sons, David and Donald, deliberately understated the Estate, leaving out some properties.
The three did not also declare bank statements at the time of their father’s death. The money which was left in banks by late, is part of the Estate, the High Court advised, and ordered that the bank statements be submitted to the High Court next week.
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The Court also ordered that all the properties that were left unregistered on the Estate be added, including one of the sons, Desmond.
Out of the 7 Children, Desmond is the only child who was not registered on the Estate.
The mother claims she could not register him because he was not around at the time of the Estate registration, but he claims that he was around but was deliberately left.
Last week, his mother applied at the Magistrate Court to have him evicted from the family house he is staying with his family. The court heard that Eritha, a devout christian, evicted him because his wife openely accused her of Witchcraft.
The High Court, however, said Desmond must move out of the house because it was Eritha’s matrimonial home, and he was stay there on her blessings.
His hopes to get a home will now depend on how the Executor(Eritha) is going to share the properties on a new sharing plan.
The Executor was also ordered to check whether all the properties are still in their original registration names. This was after Desmond discovered that some houses were already changed into one D Chinounda’s name.
The late left a Will that was however not registered. On the Will, Desmond was given the house from where he is being evicted. Though the Will was not registered, the Court ordered that it must be presented to the Master of the High Court in its original state next week.