Ms Andie Khupe (67) is challenging the appointment of Ms Sibusisiwe Nzombe, her late husband’s second wife who lives in Plumtree, as executor of his estate.
Ms Nzombe, who was customarily married to Mr Levie Moyo in 2004, was in February appointed executor of the estate. Ms Khupe, who was legally married to Moyo under the Marriage Act, wants the Magistrate Court to reverse Ms Nzombe’s appointment.
In her application, Ms Khupe said she was the late Moyo’s only surviving spouse.
Ms Khupe said Ms Nzombe did not inform her of Moyo’s death in order to unlawfully assume control over the estate.
She said she was not aware that her husband was customarily married to another woman.
“I have been based in the UK for the past 15 years as I work there but I was still legally married to my husband, Levie Moyo at the time he passed away. I was periodically visiting my husband at our home in Plumtree while he was still alive and I wasn’t aware that he was married to another woman customarily,” Ms Khupe said.
“I only heard rumours about the matter while I was in the UK. When my husband died in February, Ms Nzombe didn’t inform me and I only learnt about it a week later. As a result I failed to apply to be appointed as an executor of my late husband’s estate on time.”
She said she learnt that Ms Nzombe had lied to the court that she was the only surviving spouse and was appointed as the executor.
“I beg with the court to disqualify Ms Nzombe from being the executor of my husband’s estate because I’m the legal wife. I don’t recognise Ms Nzombe as his wife at all as she is just a chancer trying to gain ownership of my late husband’s property,” Ms Khupe said.
In her opposing affidavit, Ms Nzombe, who is being represented by Mr Kenneth Lubimbi of Lubimbi and Partners Legal Practitioners, insisted that she was the rightful executor of her late husband’s estate as “the only surviving spouse.”
She said when she was customarily married to Moyo in 2004, he told her that Ms Khupe deserted him and relocated to the UK. Ms Nzombe said she was not aware that Moyo was still legally married to his first wife and she had never seen her during the course of their marriage.
Ms Nzombe said Ms Khupe abandoned her husband and was now coming back because she was greedy.
“Ms Khupe never set foot at our matrimonial home since 2004 and she didn’t oppose my marriage to Moyo. She abandoned her ex-husband for the past 12 years and is only resurfacing for purposes of inheritance.
“When I moved in with Moyo, the relatives of his first wife took out all the movable property and we started building our home from scratch. I have been living in my home for the past 12 years and I won’t allow Ms Khupe to rob me of my inheritance because of her greediness,” she said.
Ms Nzombe begged the court to dismiss Ms Khupe’s application.
Plumtree magistrate, Mr Taurai Manwere, referred the matter to the High Court.-Chronicle