Deceased estate ‘looter’ in court

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Mashudu Netsianda, Senior Court Reporter
A BULAWAYO man who allegedly looted his late brother’s property worth more than $46 000 thereby depriving his surviving spouse of her right to inherit his estate, has appeared in court.

Kudakwashe Shana (35) of Suburbs appeared before Bulawayo magistrate Ms Sithembiso Ncube facing charges of contravening the Deceased Persons Family Maintenance Act.

The complainant in the matter is Ms Tsungirirai Shana (42) of Hillside suburb.

Prosecuting, Mr Alfonce Makonese said sometime in December 2013, the complainant’s husband, Samson Shana died and the accused person allegedly grabbed the family’s household property worth $46 080 before the execution of the estate.

Tsungirirai reported the matter to the police, leading to Kudakwashe’s arrest.

In his defence, through lawyers, Calderwood, Bryce Hendrie & Partners, Kudakwashe denied the charges.

He told the court that on December 18 in 2013 while at a family meeting in Hillside, Tsungirirai demanded that all property belonging to one Smolly Shana be removed from the house.

“She said she did not want another woman’s property in her house. All persons gathered at the meeting agreed with the complainant that such property be removed. My nephew was advised by the complainant to secure transport to ferry the property from the house,” he argued.

Kudakwashe said Tsungirirai’s relatives moved all the property which included televisions, furniture and kitchen utensils.

He said some of the property was taken to Kariba and Harare.

Kudakwashe said some of the property was distributed to members of the family, including himself.

The accused said at some point, he was given a dining room suite, garden chairs and portraits by Smolly.

“The complainant is being malicious in this matter as the property was taken at her instance and that he had no hand in the removal of the property whatsoever,” said Kudakwashe.

He said her sister-in-law’s conduct was a ploy to victimise and frustrate him.

@mashnets

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