Widow Seeks Recognition in High Court Battle Over Late Caiphas Chihuri’s Estate
The family of the late Caiphas Peter Chihuri, whose estate is registered as Ballantrea Estate in Bindura, has been plunged into a legal dispute over inheritance, with one of the two widows, Ruth Koto, petitioning the High Court of Zimbabwe to be recognized as a rightful inheritor.
Ruth, the second wife of the deceased, was married to Chihuri under customary law and bore him four children, including Kenias Chihuri, who has joined the proceedings to protect his fair share of the estate.
She contends that her rights, and those of her children, are being unfairly sidelined in favour of the first wife, Dorothy Chihuri (née Koto), who is Ruth’s elder sister. Dorothy also had four children with the late Chihuri.
The point of contention is the extent of Ruth’s recognition as a lawful surviving spouse. According to the Deceased Estates Succession Act [Chapter 6:02], the law of Zimbabwe clearly stipulates that a surviving spouse is entitled to inherit together with the deceased’s children.
Section 3 of the Act provides that the widow cannot be excluded from the inheritance merely because the deceased had children from another marriage.
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Legal experts say the courts have consistently upheld this principle. “The surviving spouse has a statutory entitlement. Even in cases of multiple unions, the law ensures fairness by accommodating all beneficiaries, without prejudice,” one lawyer explained.
Ruth alleges that following Chihuri’s death, Dorothy returned from the United Kingdom for the memorial service, having missed the funeral, and proceeded to eject her from the matrimonial home.
Ruth further claims Dorothy has since colluded with the executor of the estate, her eldest son Peter Chihuri, and a named lawyer of a prominent firm to deliberately conceal several key properties from the estate inventory.
Among the alleged omitted assets are 120 head of cattle at Ballantrea Farm, as well as commercial buildings situated on the farm, which Ruth insists were owned by the deceased and form part of the estate. She accuses Dorothy and the executor of unlawfully appropriating these assets for personal gain.
For Ruth, the case is not only about access to material property but also about recognition of her status as the lawful widow of Caiphas Chihuri and the protection of her children’s inheritance rights.
The High Court’s ruling will be pivotal in determining whether widows in polygamous or successive marriages can be denied their statutory entitlement, and in reaffirming Zimbabwean law’s protection of vulnerable beneficiaries in estate disputes.
The matter is scheduled to be heard in the High Court this week.
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