Shiri estate dispute spills into court

05 Jul, 2022 - 00:07 0 Views
Shiri estate dispute spills into court

The Herald

Nyore Madzianike

Senior Court Reporter

One of national hero Air Chief Marshal Perrance Shiri’s children has hauled her siblings to the High Court demanding that they undergo DNA test to ascertain whether they are his biological off-springs before they benefit from his estate.

Tanaka Musvamhiri wants Rufaro Stephanie Shiri and Tawanda Zulu to undergo DNA tests to ascertain whether they were the late hero’s biological children before they benefitted from the estate.

Musvamhiri wants the two to visit National Blood Services of Zimbabwe within seven days.

In summons prepared by Mr Arshiel Mugiya of Mugiya and Muvhami Law Chambers and filed at High Court, Musvamhiri claims that she has since undertaken the DNA test and it was proved that she was the late national hero’s biological child.

She also claims that the late Air Chief Marshal Shiri disowned the two before his death and also left them in his will.

Musvamhiri cited executor of the estate Sobusa Gula Ndebele, Tatenda Shiri, Cynthia Shiri and the Master of the High Court as other defendants.

“The 2nd and 3rd (Rufaro Stephanie Shiri and Tawanda Zulu) defendants are compelled within 7 days from the day that this order is granted to submit themselves at National Blood Services of Zimbabwe in order for blood samples to be extracted from them and undergo DNA tests to verify whether or not they were related to the late Perrance Benjamin Chikerema Shiri,” reads part of the summons.

Musvamhiri, in her founding affidavit claimed that the late Air Marshal Shiri acknowledged in his will that Tatenda Shiri and Cynthia Shiri were his biological children.

“The late Perrence Benjamin Chikerema Shiri died on 29 day of July 2020 and in his will listed 4 and 5 defendants as his biological children and beneficiaries to his estate, the plaintiff (Musvamhiri), 2nd and 3rd defendant were not listed as children born by the deceased in the will.

“The plaintiff underwent DNA test by comparing her blood samples with that of her uncle Whiteford Chikerema, a brother and sibling of the deceased and the results confirmed that indeed she is related to the brother of the deceased, thereby confirming that she is the biological daughter of the deceased.

“The second and third defendants are also claiming to be the biological children of the deceased and have listed their names with the first Defendant (estate executor) and the sixth (Master of High Court) defendant as beneficiaries of the Estate late Perrance Benjamin Chikerema Shiri,” she said.

Musvamhiri said in her affidavit that other relatives were also questioning the Rufaro Stephanie Shiri and Tawanda Zulu statuses.

She said Rufaro and Tawanda were refusing to undergo the DNA tests.

“The authenticity and claims of the 2nd and 3rd defendants are being disputed not only by the Plaintiff but other close relatives of the deceased and the deceased in his lifetime disowned the 2nd and 3rd defendants as his biological children

“The 2nd and 3rd defendants have refused in family meetings to undergo these DNA tests insisting that they are children of the deceased even though such claims are being disputed and are questionable and open to doubt,” she said.

Musvamhiri said Rufaro and Tawanda were already enjoying the fruits of the estate, as they are in occupation of some immovable properties and cars that belonged to the estate.

She said she is willing to under-go another DNA test together with the Rufaro and Tawanda in order to bring finality to the question of who should not benefit from the estate.

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