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The late Dr John Manolakakis

Mashudu Netsianda Senior Court Reporter
THE fight over the estate of the late prominent Bulawayo dermatologist, Dr John Manolakakis, who died nine years ago, has spilled into the Supreme Court.According to court papers filed under Case Number SC356/14, Robert Malcom McGilivray Bowes, the director of National Executor and Trust (Pvt) Ltd, Dr Manolakakis, Evangelia Patrinos, Loannis Loannidis and Constandiros Patrinos are the appellants while the late Maris Manolakakis was cited as the respondent.

The appellants through their lawyers Majoko and Majoko Legal Practitioners are challenging a Bulawayo High Court ruling by Justice Martin Makonese which was in favour of the respondent.

The legal battle was over a disputed will which the appellants claimed was a genuine document purportedly signed by the late doctor before his death in July 2006. Maris, the mother to the late doctor, then filed an application challenging the validity of the will.

Maris could not attend court at the time due to advanced age and gave a power of attorney to a family friend, Gamila Atwa Ibrahim Youssef El Zont, to represent her in the proceedings.

Dr Manolakakis, who was Greek and based in Egypt, arrived in Zimbabwe in the late 1980s and set up medical practice in Bulawayo until he died on July 2, 2006. At the time of his death he stayed with a girlfriend, Evangelia.

Soon after his death, a will dated June 3, 2005, was found at his house. According to the will purportedly signed by the late doctor, it was alleged that he bequeathed his entire estate in Zimbabwe, Greece and South Africa to Evangelia.

Evangelia was subsequently appointed executrix testamentary in the estate of Dr Manolakakis. She however later died on November 11, 2008, in Greece.

Maris, who was the original plaintiff in the matter, also died in Greece on September 16, 2013. At the commencement of the trial on May 31, 2012, an application had been made for Maris to be excused from attending the proceedings on the basis of ill-health.

The court then exercised its judicial discretion and accepted a power of attorney from the plaintiff in which she appointed Youssef EL Zont as her representative at the trial.

The last executor of the estate of Dr Manolakakis was Evangelia but, after her death, Bowes attempted to have himself appointed as the executor.

He was, however, barred from such appointment by virtue of a court order under HC 2236/08, which effectively interdicted the Deputy Master of the High Court from holding an edict meeting pending the resolution of the dispute.

Bowes did not formally appear in court as a party to the proceedings but Youssef EL Zont claims the defendants’ counsel appeared to receive instructions from him.

In the court papers, Youssef EL Zont stated that soon after Dr Manolakakis’ death, Evangelia with the help of Bowes, sold everything including a surgery and his personal belongings before she left for Greece where she died.

Maris through Youssef EL Zont challenged the authenticity of her son’s alleged will at the Bulawayo High Court and they won the case last year in July following an order by Justice Makonese who declared the document null and void.

Bowes, who according to Youssef EL Zont has interests in the estate, has since filed an appeal at the Supreme Court challenging Justice Makonese’s decision.

Youssef EL Zont is also accusing Bowes of defrauding the family of the late Dr Manolakakis of $150,000.

He has through Dr Manolakakis’ family lawyer, Advocate Hilda Makusha Moyo, filed opposing papers at the Supreme Court.