Daniel Nemukuyu Senior Court Reporter
A Harare man is claiming $96 588 from his late brother’s estate to recover expenses he reportedly incurred while looking after his sibling during his long illness.
Mr Paul Simango claims he took care of his brother during a period that stretched from 2010 to January this year and incurred medical expenses.
He is claiming $9 600 for the food that he provided to the now deceased brother for the eight-year period plus airtime to the tune of $960.
Mr Simango is claiming funeral expenses to the tune of $11 400.
In a court claim filed at the High Court by TK Hove & Partners, Mr Simango said his brother’s widow was staying in America when he incurred expenses related to the illness.
When Mr Simango’s brother, Nathan, died on January 29 this year, the estate was registered with the Master of High Court.
Efforts by Mr Simango to recover the debt from the estate were fruitless, prompting him to approach the High Court.
Top Harare lawyer and executor to the estate Mr Lloyd Mhishi rejected Mr Simango’s demands.
In summons filed at the High Court, Mr Mhishi was cited as a defendant in his capacity as the executor dative.
According to the plaintiff’s declaration, Mr Simango stated that the surviving spouse never contributed towards the medication and upkeep of his late brother during the stated period of illness.
“Sometime in February 2010, I started looking after the late Nathan Simango who was ill when the late Nathan’s wife left him in Zimbabwe having returned with him from America.
“Plaintiff was exclusively and solely responsible for looking after the late Nathan Simango with no assistance from the wife or anyone else,” he said.
Mr Simango said he had entered an agreement with his late brother stating that in the event of his recovery from illness, he would be reimbursed his money.
In the event of death, Mr Simango said the agreement was that he would claim the expenses from the estate.
“It was mutually agreed between plaintiff and the late Nathan Simango that plaintiff will be refunded and reimbursed all the monies that he would have spent looking after the late brother in the event of the he recovered from his illness.
“In the event of death, plaintiff would claim the money from the deceased’s estate,” reads the declaration.
The list of expenses attached to the summons shows that Mr Simango spent $28 800 on a nurse aide plus medical bills amounting to $9 970.
He claims to have paid $3 200 for physiotherapy, $12 480 for diapers, $9 600 for food and $300 for the purchase of a wheelchair. Mr Simango claims $4 800 he paid for the physician’s visits (thrice annually) and $1 440 for the general practitioners’ services.
He claims to have paid $814 to Trinity Pharmacy, $1 468 to Trauma Centre in Borrowdale, $915 to Parirenyatwa Group of Hospitals, $315 to St Michael’s Clinic, $600 for washing machine and $500 for the purchase of a drying machine among others.
The $11 400 spent at the funeral included the purchase of a grave at Glen Forest Memorial Park, food and general expenses, fuel, hiring of tents, chairs and toilets and others.
The executor is yet to respond to the claim.