BY DESMOND CHINGARANDE THE High Court has dismissed an application by the late Transport minister Biggie Matiza’s widow, Lillian, who was seeking to sideline his 34-year-old son from benefiting from his estate.
Lillian had taken her stepson, Tendai Muchando to court seeking an order compelling him to undergo DNA tests to prove that he was Matiza’s son.
Muchando claims that he is Matiza’s biological son, born to Matiza and Rosemary Muchando in 1987.
High Court judge accused Lillian of feigning ignorance on Muchando’s paternity despite having knowledge that DNA tests were done at Matiza’s instance.
The court heard that Muchando was born on November 28, 1987. When he turned 10, blood samples were obtained from his mother and Matiza.
Probability of paternity was 99,82% and 99,85%
The judge then ruled against Lillian.
“There is clearly need for finality to the issue. There are to my mind other ways in which applicants or respondents can bring a conclusion to the dispute if so advised. In the circumstances however, I find the application unmeritorious,” the judge ruled.
“I have to point out at the outset that Lillian and her sons (cited as applicants) have not been candid to the court. In many respects they have skirted the truth or deliberately failed to elicit a number of issues raised by Muchando.
“What I find astounding is for applicants to pretend that the results were deliberately created by Muchando. There appears to be a deliberate ploy to feign ignorance or question the origins of the DNA tests. All this is, but a façade,” the judge concluded.
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