Parties in Ginimbi assets fight ordered to resolve issues by March
Gaborone High Court Judge, Itumeleng Segopolo has given parties in the Ginimbi cases some time to explore possibilities of settlement in their fight over the control of the Botswana based companies of the late Zimbabwean businessman.
Ginimbi died in a fatal car crash early November last year in Zimbabwe when his Rolls Royce collided with a Honda Fit. Patricia Darangwa of Regional Executors and Trust Runhare House, Harare, Zimbabwe who was appointed by the family to be Ginimbi’s estate administrator has dragged before court, Leo Chiweshe demanding that he hands over the Botswana based companies being Quick Gases ( Pty) Ltd and Matiflex Oils ( Pty) Ltd. Chiweshe was appointed by a Power of Attorney by Ginimbi so that he runs the businesses in Botswana on his behalf.
When the case came for status hearing this week attorney, Yame Kebabonye of Kebabonye Mwiya Attorneys told the court that the parties have commenced talks on settlement. This followed their request to the court for the opportunity to engage each other on settlement.
He however indicated that the talks have not been concluded and the parties pray to be given some time to conclude the discussions. Justice Segopolo ordered through a consent order that the parties conclude the negotiations before the 23rd March 2021, a date which if the negotiations fail would be for arguments.
According to official documents, Darangwa has instructed her lawyers to act on behalf of the Estate on Matiflex Oils ( FNBB), Quick Gases ( FNBB), Personal Account ( FNBB), Phakalane Estate Deed No. 326/ 18 ( Golf Estate Property) and to get an Income and Expenditure Account from Chiweshe as from November 9th to date. Darangwa says she has acted as Executrix of the Estate of Late Genius Kadungure since 1st December 2020.
The two parties are now fighting for the control of the two companies, the Account of the Quick Gases held at First National Bank Botswana ( FNBB) and the appointment of Darangwa as the Executor of the Estate of Ginimbi. Darangwa through her lawyers managed to have the bank accounts frozen and Chiweshe is contesting the decision and demands its withdrawal. Chiweshe argues that the bank had no basis to freeze the account.
His lawyers, Makuyana Legal Practice warned: “that you advised our client in your email, at which time you are to also irrevocably undertake in writing that you will not henceforth heed any instructions or entertain any approach from any person whatsoever arising from the Resealing Certificate herein.”
Darangwa’s lawyers, however, argue that the validity of the said Power of Attorney in whatever form ceased to exist the minute the issuer or principal ( Ginimbi) died.
“We attempted to meet the Respondent after we discovered that he had been appointed by the late Genius Kadungure through a Power of Attorney to manage his businesses in Botswana, who unfortunately was not interested with meeting the family of the late Genius Kadungure, even though we had indicated to him the purpose of our visit,” Darangwa said in her founding Affidavit.
According to Darangwa, she has since been barred from entering Quick Gases premises in Mochudi by Chiweshe whom she also claims has instructed employees not to deposit money into the company bank account but rather keep the cash as it will go towards employees bonusses. The Respondent’s actions were simply calculated to avoid the company funds being deposited in the account where he had no control over anymore, she says adding that the Respondent’s conduct is also wrongful as she ( Darangwa) is unable to take under her care and safe custody the assets of the late Kadungure when she is so required until final distribution of the assets and is also unable to prepare an Inventory of the Estate much to the prejudice of the general body of creditors.
Chiweshe’s lawyers wrote a letter to Silibaziso Mtunzi- the Deputy Registrar and Master of the High Court, giving notice that, “the purported Resealing Certificate that she ( Deputy Registrar) issued/ granted on the 9th December 2020 is fatally irregular, invalid and without any legal force or effect for the alternative reasons that as soon as the Master found that the last Will and Testament that was exhibited to her is invalid, she ought to have thereby, simultaneously realised that Ms Patricia Darangwa had/ has no locus standi to appear before her to discuss the deceased estate herein.”
The attorneys indicated that they hold instructions that the Master should withdraw the Resealing Certificate that she issued/ granted.