19 Aug 2018 12:50pm
WINDHOEK, 19 AUG (NAMPA) The final approval in a dispute over the distribution of assets in the estate of late chief of the Ukwangali Traditional Authority in Kavango West, is now in the hands of the Master of the High Court.
Documents availed to Nampa on Sunday show that the Windhoek Supreme Court on Friday issued an order and directed that the final approval over the dispute in connection with the distribution of all assets of the late chief (hompa) Daniel Sitentu Mpasi should now be decided upon by the office of the Master of the High Court.
The Supreme Courts Chief Justice Peter Shivute took the decision in agreement with Judges of Appeals Dave Smuts and Elton Hoff following an appeal application in that court by the late chiefs widow, Irenia Mpasi.
In the appeal ruling, the Supreme Court set aside an earlier decision of the Windhoek High Court that ordered the removal of the appellant, Irenia Mpasi, in her official capacity as executor of the estate of the late hompa and the appointment instead of a certain Selma Hausiku.
The appeal application by appellant Irenia Mpasi succeeds in part. The order of the High Court appointing Hausiku as the executor (executrix) of the estate of the late chief Daniel Sitentu Mpasi is set aside and replaced with the following order that the matter is referred to the office of the Master of the High Court to appoint an executor or executrix in accordance with the laws dealing with the estates of deceased persons in the country, reads the ruling.
Mpasi died at the age of 80 on 17 December 2014.
His widow launched an application with the office of the Master of the High Court for her appointment as the executor of the deceaseds estate and she was accordingly appointed in that position.
However, a dispute and other related disagreements erupted between Irenia Mpasi and the chiefs successor as traditional leader, Eugene Kudumo and 11 members of the community over the distribution of Mpasis assets.
The late chief and Irenia Mpasi got married in community of property in 2004.
The assets in the estate are valued at about N.dollars 6 million and include a farm valued at about N.dollars 4 million and a herd of 240 cattle, worth about N.dollars 1.9 million.
Prominent local defence lawyer Sisa Namandje represented appellant Irenia Mpasi.
The respondents in the appeal were Kudumo and 11 other members of his community, who are also relatives of the late chief.
Lawyer Thabang Phatela appeared for the respondents.