VICTORIA MATUNGA
and
EVER MATUNGA
versus
MUNEMO MUNEMO
and
BIGGY MUNEMO
and
MUNYARADZI MUNEMO
and
MASTER OF THE HIGH COURT
HIGH COURT OF ZIMBABWE
MATANDA-MOYO J
HARARE, 28 February 2018 and 14 March 2018
Opposed Application
B Maruva, for the applicants
D Matawu, for the 1st, 2nd and 3rd respondents
MATANDA-MOYO J: The applicants applied for the nullification of a will of their late father that they purported was a forged one. In the will, the deceased, John Munemo Matunga bequeathed his entire estate to the first, second and third respondents who are his grandchildren. The applicants alleged that the signature(s) on the will differed from that on a cession agreement that was signed by the deceased in 1982.
The first, second and third respondents on the other hand averred that the will was indeed valid and expressed the wishes of the testator. They also raised a point in limine that the issue of signatures raised a material dispute of facts and could not be decided on the papers.
A reading of the documents filed of record reveals that the first respondent was appointed as executor to the estate of the late John Munemo Matunga on 14 September 2012. This was after the death of one Fungai Tawodzera who had been appointed as executor testamentary in the disputed will. The first respondent is also named as a beneficiary in the disputed will. In her founding affidavit, the first applicant referred to the first respondent as
