2
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
1. The court a quo erred in finding that the deceased’s will was invalidated by him
contracting a civil marriage with the appellant, who was already his spouse at
customary law as at the date of the will.
2. The court a quo erred in finding that the deceased intended to appoint as executor ‘his
wife’ in her capacity as such and not the Appellant in her individual stead.
3. The court a quo erred in finding that the first respondent lawfully married the
deceased and is properly regarded as the surviving spouse of the deceased.
The facts are as follows. On 11 September 1977, the appellant was married to one
Amos Chirunda according to customary rites. On 9 December 1977, Amos Chirunda
executed a will which read as follows:
“I, AMOS JOHN CHIRUNDA, do hereby revoke all past Wills and testamentary acts and
declare this to be my last will.
I appoint my wife MARGARET CHIRUNDA (nee SUMBURERU) to be my Executor and
Heiress to my estate.
In the event of my wife Margaret dying at the same time with me, I appoint my nephew
HASTINGS CHIRUNDA and my sister ALICE CHIRUNDA to be joint Heir and Heiress to
my estate in equal shares.
I reserve to myself the power from time to time and at all times hereafter to make all such
alterations in or additions to this my Will as I may think fit, either by separate act or at the foot
hereof, desiring that all such alterations so made under my own signature and duly witnessed
according to law, may be held to be as valid and effectual as if the same had been inserted
herein.
Given under my hand at Salisbury on this 9th day of December, 1977.”
The appellant and Amos Chirunda who had registered their customary union
under the African Marriages Act [Chapter 238] subsequently entered into a civil union on
29 October 1978 under the Marriage Act [Chapter 37]. However, eight years later, the two
ended their civil union by decree of divorce of the High Court on 23 July 1986.
The