A GUARDIAN of the late Tutwa Ngulube’s children born out of marriage has requested the High Court to stop his sister and widow from distributing his estate unfairly until the matter before Court is resolved.
Chuma Kuntepa say the distributor’s year has elapsed since the administratrix were appointed to manage the estate hence they have no power distribute Ngulube’s wealth until the same is renewed.
In this matter Kuntepa has sued the late Ngulube’s sister Tawanda Tafwakose Ngulube and his widow Mupeta Glenda Sokontwe who are administratrix of his estate, demanding that his properties be equally shared among his children.
Suing of behalf the children as their guardian, Kuntepa wants the Court to order that the distribution of the estate to the minors be done under the strict and direct supervision of the Administrator General.
Kuntepa is seeking an order that, shares for some beneficiaries should be transferred to the minors.
In an affidavit in support of ex-parte summons for an interim injunction Kuntepa said she sought various reliefs from the court including an order that the distribution of the Estate to the minors be done under the strict and direct supervision of the Administrator general.
She said she also filed an application for the respondents to render an account and inventory of the estate of the late Tutwa Ngulube.
“The matter was heard on Feb 14 and was reserved for ruling to be delivered on April 4,2024,” Kuntepa said.
She stated that affer the matter was heard by the court, Tutwa’s sister and widow quickly engaged evaluators and evaluated the estate by the end of April 2024 and delivered copies of the evaluations to one of the mothers of the minors, in readiness to illegally and unfairly distribute the estate.
Kuntepa said Tawanda and Mupeta then engaged in an attempt to illegally and unfairly distribute the estate to the disadvantage of the minors on April 19 ,2024.
She said their action would not only undermine the authority of the court but put the court into disrepute as the matter is yet to be determined.
“The conduct of the respondents would interfere with the performance of a judicial function by this court and would render the decision of this court an academic exercise,” she said.
“Since the inception if this matter the respondents have acted with bias towards the minors by deliberately delaying attending the needs of the said minors and acting with hostility towards them.”
She said the executors year elasped on March 7, 2024 as the respondents were granted letters of appointment of administrators on March 7, 2023 and they have not applied for renewal.
“The respondents do not have authority to handle or distribute the estate as they would be intermeddling in the estate,” Kuntepa said.
“Despite the respondents being informed by my advocates that the matter is subjudice, they have neglected, failed and or refused to desist from illegally and unfairly distributing the estate before the court can give a final determination in this matter, more particularly on the issue of varying the 50 percent shares due to the children under the law and on the determination of whether there are any legal dependants under this estate.”
Kuntepa asked the Court to grant her application for an order of interim injunction restraining the respondents from illegally and unfairly distributing the estate of the late Tutwa Ngulube in any manner that may prejudice the interests of the minors.
By Mwaka Ndawa
Kalemba May 24, 2024.
