Late Brian Rhodes’s Children Challenge Elizabeth Mucheche’s Role as Executor

An assistant from the Master of the High Court told the court yesterday that their office has received numerous complaints from the children of the late Brian James Rhodes.

The children are seeking the removal of Elizabeth Parirenyatwa from her role as executor of their father’s estate.

Parirenyatwa is accusing Brian Murphy and Adam Wood of fraud or, alternatively, of deliberately providing false information to a public official.

During cross-examination, the assistant from the Master of the High Court’s office agreed with the defence lawyers that the Rhodes children are deeply dissatisfied with Parirenyatwa acting as executor of their father’s estate.

One of the defence lawyers put it to the witness that Parirenyatwa is mentally unstable and a criminal, which is why the Rhodes children are demanding her removal.

“Are you aware that there have been complaints from the children of the late Rhodes regarding how Parirenyatwa, who is mentally unstable, became the executor of their father’s estate?” asked the lawyer.

“Would you deny the fact that Mucheche is the executor against the wishes of the deceased’s children?”
“No, I’m aware of that,” the assistant from the Master of the High Court replied.

The State also called two witnesses from the Deeds Office, who testified that no prejudice was suffered in relation to the alleged offence linking Mr. Murphy and Mr. Wood. The officials also stated that their office was not the complainant in the matter.

The witnesses confirmed that there is no connection between Mr. Murphy and Mr. Wood and the alleged offence. They stated that neither Murphy nor Wood filed documents in their personal capacities and that there is no evidence linking them to the commission of any offence.

Both officials confirmed that neither the Deeds Office nor the Registrar of Companies suffered any prejudice or detected any maladministration concerning Karoi Properties.

The court was told that the Master of the High Court’s office had never been shown proof that Brian Rhodes owned shares in Karoi Properties. In fact, High Court judgments confirmed that the shares belonged to the Phoenix Trust.

The Registrar of Companies also confirmed receiving a court order appointing Murphy and Wood as directors of Karoi Properties.

The court heard that Brian James Rhodes passed away on July 29, 2006. His surviving spouse, Elizabeth Anne Rhodes, later registered the estate with the Master of the High Court under case number DRI 426/1.

Parirenyatwa alleges that Murphy and Wood colluded to appoint themselves as directors of Karoi Properties, claiming that Rhodes had resigned on April 30, 2012, even though he had died on July 29, 2006.

It is further alleged that Parirenyatwa was appointed executor dative to administer Rhodes’s estate following receipt of a power of attorney from Anne Rhodes.