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Judgment No. SC 42/18
Civil Appeal No. SC 84/13
did not endorse a statement to the effect that his will would remain in full force and effect
notwithstanding his subsequent contracting of a civil marriage. The court a quo cannot be
said to have erred in any way by coming to the conclusion that it made. It could not be said
that the deceased intended the appellant to benefit from his estate when he had given her a
settlement upon divorce in 1986. The intention to guard against any relatives preventing her
from benefiting from the deceased’s estate as his widower had been overtaken by the divorce.
The court a quo was therefore correct in finding that the will was no longer valid.
DISPOSITION
The appeal be and is hereby dismissed with costs of suit following the event.
ZIYAMBI JA:
I agree
PATEL JA:
I agree
Atherstone & Cook, appellant’s legal practitioners
Dube, Manikai & Hwacha, first respondent’s legal practitioners
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