Estranged wife of 16 years’ claim on husband’s estate rejected

Parties Involved in the Dispute

The case saw Joyce suing multiple parties, including the estate’s executor, Mativenga Lloyd Mhushi, the Master of the High Court, and several family members, including Martin’s children and his second partner, Elinah Nyamayaro, who represented the late husband’s son, Edgah.

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Counterarguments from the Executor

The estate’s executor opposed Joyce’s application, pointing out that she had been absent from the property for over 16 years. He argued that Joyce had effectively abandoned the matrimonial home by moving to the UK and failing to return, even during Martin’s illness, death, and burial. He described her prolonged absence as akin to a de facto divorce.

The executor also noted that Joyce sent her relatives to retrieve her belongings from the property following Martin’s passing, further distancing herself from any claim to the estate.

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High Court Ruling

High Court Judge Justice Gladys Mhuri ruled against Joyce, stating that while she met the criteria of being Martin’s surviving spouse, she failed to satisfy the requirement of residing in the matrimonial home immediately before his death.

The judge emphasized that Joyce had not returned to the property since leaving for the UK in 1999. She also highlighted the lack of evidence supporting Joyce’s claim that she had sent money for the maintenance of the house or the welfare of Martin’s children. Justice Mhuri stated,

“Even using a purposive approach, it cannot be said that the applicant lived in the house immediately before the deceased’s death.”

“All things considered, I conclude that the applicant has failed to meet the legal threshold of residing in the matrimonial home immediately prior to her husband’s passing,” Justice Mhuri concluded.