The late former Air Zimbabwe chairperson and businessman, Jonathan Kadzura’s wife, Joan Kudakwashe Kadzura, has approached the High Court seeking an order to be allowed to retain her share of the estate’s property before the latter could be wound up by the executor, Clever Mandizvidza.
BY CHARLES LAITON
Barely a year after the businessman died in October 2016, his four children were already allegedly pilfering the estate, prompting Mandizvidza to approach the court with an application to compel the return of a tractor-drawn planter belonging to the estate.
Through her lawyers, Mahuni Gidiri Law Chambers, Joan issued summons in December last year and Mandizvidza has since entered appearance to defend with a view to challenge the woman.
“The partnership between the parties’ automatically terminated with the deceased’s death. Resultantly, plaintiff is entitled to a remedy based on the principle of tacit universal partnership and has accordingly brought this action to claim her equitable share of the partnership’s assets before the winding up of the defendant’s estate,” Joan said.
In her declaration, Joan said during the subsistence of her marriage with the late Kadzura, the couple was engaged in a tacit universal partnership under which they pursued various economic and domestic ventures for their welfare and for profit.
“The plaintiff [Joan] and defendant [Estate represented by Mandizvidza] jointly contributed their money and labour into activities of their partnership for a common benefit of providing for their own needs and those of their family,” Joan said.
“The plaintiff, in the main, contributed to the activities of the partnership through her full time labour, expertise and management skill which she invested into the parties’ partnership whilst the deceased would provide money and assist in the partnership activities.”
