DISTRIBUTED BY VERITAS TRUST Tel: [263] [4] 794478 Fax & Messages [263] [4] 793592 E-mail: veritas@mango.zw Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for information supplied. Judgment No. SC 42/18 Civil Appeal No. SC 84/13 matters and confirm whether or not the appellant was the rightful executor of the estate of the late Moses Chirunda. Her draft order read as follows: “IT IS ORDERED (THAT) : 1. 2. 3. 4. 5. That the last will and testament executed by the late Amos John Chirunda on 9th December, 1977 be and is hereby declare to be a valid testamentary instrument. That the Master of the High Court be and is hereby directed to admit that the said last will and testament to probate. That the appointment of Wilbert Nyamupfukudza as Executor Dative by Letters of Administration issued to him by the Master of the High Court on 19 th April, 2005 be and is hereby set aside. That the Master of the High Court be and is hereby directed to re-issue fresh Letters of Administration to Margaret Sumbureru to enable her to administer the estate of the late Amos Chirunda. That First Defendant, being Prisca Chinamora, pay the costs of this application.” In dismissing the application, the court a quo assessed the validity of the will in two ways. Firstly, since the Supreme Court had previously made a finding that the law to be used to assess the validity of the will was the African Wills Act, the court a quo looked at the relevant sections of that Act which are ss 6 and 7. They read as follows: “6. Subject to only the limitations imposed by this Act, an African may, by will freely dispose of the ownership of immovable property or any right attaching thereto. 7 The heir at African law of any deceased African shall succeed in his individual capacity to any immovable property or any rights attaching thereto forming part of the estate of such deceased African and not devised by will.” The court a quo, however, found that the Act did not have an express provision as to what would happen to that will or the benefits flowing to the African’s husband or wife in the event of the death of that African who had executed a will divorcing the spouse whom they had made a beneficiary in that will. The African Wills Act had no provision similar to s 17(1) of the Wills Act which clearly ousted the rights of a person flowing from the will of a 5