The Supreme Court has ordered a retrial in a contentious estate dispute after determining that beneficiaries named in the will of renowned Southern African geologist Godfrey Gundani were denied an opportunity to participate in earlier proceedings. Gundani, who died in January 2021 at age 51, left behind a 2017 testament that excluded his first wife, Grace Lillian Simbanegavi, from their former home in Gweru, instead naming his alleged mistress, Lorraine Ncube, as the recipient. His second wife, Anna Muchenje, was similarly stripped of her co-ownership stake in a Harare property, which Gundani bequeathed entirely to his son and nephews.
Justice Susan Mavangira, writing for the panel, emphasized that the lower court erred by resolving the matter without hearing from those who stood to inherit under the disputed document. Both wives, married to Gundani under different legal arrangements, had challenged the testament as violating their spousal rights. The High Court initially upheld the executor's position and imposed punitive costs against the appellants.
The case will return to the lower court with all interested parties represented, setting up a broader examination of testamentary freedom versus marital protections under Zimbabwean succession law.
Justice Susan Mavangira, writing for the panel, emphasized that the lower court erred by resolving the matter without hearing from those who stood to inherit under the disputed document. Both wives, married to Gundani under different legal arrangements, had challenged the testament as violating their spousal rights. The High Court initially upheld the executor's position and imposed punitive costs against the appellants.
The case will return to the lower court with all interested parties represented, setting up a broader examination of testamentary freedom versus marital protections under Zimbabwean succession law.
