Kumbirai Kangai estate wrangle spills into court

The late Kumbirai Kangai
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THE widow of national hero, Kumbirai Kangai, has appeared in court on allegations of forging company registration documents in a bid to elbow out one of the beneficiaries of her deceased husband’s estate from the directorship.

Miriam Kangai is also accused of filing the forged documents with the Master of High Court for her to have unlimited access to the assets of the estate of the late national hero.

She appeared at the Harare Magistrates Court charged with two counts of fraud.

Her trial failed to open on Wednesday as the State wanted more time to manage the matter.

She will be summoned back to court when the State is ready.

Enia Maroveke is the complainant in the matter.

It is the State’s case that in 1988, the late Kumbirai Manyika Kangai purchased Luna Estates (Private) Limited in Harare and appointed Maroveke’s two sisters, the late Florence Garapo and Marah Hativagone, as directors.

They then signed CR14 forms as directors of Luna Estates and it became common knowledge in the family that the two sisters were directors of the company.

The late Cde Kangai told his family that the company was a special purpose vehicle for the family’s properties and wealth. 

The State alleges that the late Kangai bought Paarl Farm, located in Zvimba East District in 1994 and also informed his family.

It is said that in 2012, the late Kangai entered into a memorandum of agreement for land development with Devine Aid Trust Company (Datco) on a piece of land called the remainder of Paarl measuring 200,72 hectares held under deed of transfer number 1673/94 and dated March 16, 2012.

On October 1, 2013, a resolution was made to reactivate the file in accordance with the company law which no longer permits a company to have just one director since Florence Garapo had died. 

So Maroveke was appointed as one of the directors for Luna Estates. 

A copy of the CR14 was filed and accepted at the Registrar of Companies.

The late Kangai is said to have written a will in February 2010 wherein he appointed his wife Miriam and Marah Hativagone as co-executors of his estate with the will kept at Messrs Gollop & Blank Legal Practitioners.

The State alleges that Maroveke’s brother Tinayo Kangai was given company documents by Devine Aid Trust Company where they were held at the instruction of their late father.

Tinayo Kangai then discovered that a CR14 which was amongst the documents reflected that Marah Hativagone and their late sister Florence Garapo had both resigned on June 19, 2009 whereas Florence Garapo had died on December 21, 2001.

He also noted that Marah Hativagone had never resigned as director of Luna Estates.

This CR14 was allegedly forged and had been signed by Miriam Kangai, who claimed to be the secretary of Luna Estates.

The matter was taken to police and investigations at Registrar of Companies established that the CR14 with Maroveke listed as a director of Luna Estates was the one accepted by the Registrar.

It is said that Miriam Kangai had taken the forged CR14 forms to the Master of High Court where she was awarded access to the estate’s assets way over and above the stated 50 percent she was originally awarded.