Isabella Malula Komba and Another vs Donatus Albert Komba (Miscellaneous Cause No.11594 of 2026) [2026] TZHC 3045 (3 June 2026)

1 IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA DARESALAAM SUB - REGISTRY AT DAR ES SALAAM M i scellaneous Cause No . 11594 of 2026 IN THE MATTER OF APPLICATION FOR THE MANAGEMENT AND ADMNISTRATION OF THE CRDB ACCOUNT OF DONATUS ALBERT KOMBA ISABE L LA MALULA KOMBA ………………………… ……… 1 st APPLICANT SIMPLIS MAHUNDA KOMBA …………………………………………… …. 2 nd APPLICANT R ULING Date: 03.06.2026 BAHATI - SALEMA, J: The Applicants, Isabella Malula Komba and Simplis Mahunda Komba, moved this Court by way of Chamber Summons brought under section 19(1) and (2) of the Mental Health Act, Cap. 98 [ R.E. 2019 ] and section 105 of the Civil Procedure Code , Cap. 33 [ R.E. 20 23] . The application is supported by an affidavit sworn by the Applicants seeking, inter alia, orders declaring one Donatus Albert Komba to be a

2 person suffering from mental disorder and incapable of managing his own affairs and for the appointment of the Applicants as Managers of his CRDB Bank Account No. 0152242149000. This matter was heard under a Certificate of Urgency. The Applicants were represented by Mr. Juma Mgaya Mndeme, learned counsel. The facts giving rise to this application are largely undisputed. The evidence on record shows that Donatus Albert Komba is an elderly man aged 83 years who has been undergoing treatment at PCMC Health Care Ltd for approximately two years. The Medical Cert ificate annexed as Annexure “ISMK 1” confirms that he has been diagnosed with Small Vessel Disease with cognitive impairment, a condition which has progressively affected his mental capacity and rendered him incapable of making sound decisions or managing his personal and financial affairs independently. The evidence further discloses that due to the said condition, the patient is wholly dependent upon family members for his daily care, welfare and medical needs. It is also established that the patient maintains CRDB Bank Account No. 0152242149000, which c onstitutes his principal financial

3 asset and the primary source of funds available for his upkeep, treatment and maintenance. The Applicants have averred that the patient requires continuous medical attention, including specialist consultations, medication, physiotherapy and regular medical reviews. The costs associated with such treatment are substantial and ongoing. The family has deposed that without access to the patient's funds, his treatment and welfare may be seriously compromised. The Applicants have further exhibited a Family Resolution marked as Annexure “ISMK 2”, demonstrating that members of the family unanimously resolved that the Applicants be entrusted with the management of the patient's affairs. Through the Marriage Certifi cate and Birth Certificate annexed as Annexure “ISMK 3”, the Applicants have established that the First Applicant is the lawful wife of the patient while the Second Applicant is his son. The issue for determination by this court is whether sufficient grounds have been established to warrant the declaration sought and the appointment of the Applicants as Managers of the patient's financial affairs. I have carefully considered the Chamber Summons, the affidavit

4 in support thereof, the annexures attached thereto and the submissions made by learned counsel for the Applicants. The present application is brought pursuant to section 19(1) and (2) of the Mental Health Act, Cap. 98. The said provision empowers relatives and other interested persons to apply for orders concerning the management and administration of the estate of a person suffering from mental disorder. Upon being satisfied as to the mental condition of such person in accordance with section 23 (C) and (d) of the Act, the Court is vested with discretion under section 30 to make appropriate orders for the protection and administration of the person's estate and welfare. In determining the application before me, I have closely scrutinized the medical evidence tendered by the Applicants. The Medical Certificate from PCMC Health Care Ltd unequivocally confirms that the patient suffers from Small Vessel Disease with cognitive impairment resulting in diminished mental capacity. The medical opinion remains unchallenged and there is no evidence before the Court casting doubt upon its authenticity or probative value. I am therefore satisfied that the patient is suffering from a mental condition which substantially impairs his ability to make informed

5 decisions and effectively manage his personal and financial affairs. Consequently, I find that the patient falls within the category of persons contemplated under section 19 of the Mental Health Act. The evidence further demonstrates that the patient possesses funds in the aforementioned CRDB Bank Account which are necessary for his continued medical treatment, maintenance and welfare. However, owing to his mental incapacity, he is unable to access or manage those funds for his own benefit. In the absence of suitable managers, there exists a real risk that the patient's medical care may be interrupted and his welfare adversely affected. With regard to the suitability of the Applicants, I note that they are the patient's wife and son respectively. Their relationship with the patient has been satisfactorily established by documentary evidence. The Family Resolution demonstrates the confiden ce reposed in them by other family members. More importantly, there is nothing before this Court suggesting any conflict of interest, dishonesty, impropriety or incapacity on their part. On the contrary, the material before the Court shows that they have b een actively involved in caring for the patient and are motivated by the need to safeguard his welfare.

6 This Court is guided by the principle that any order concerning the affairs of a person suffering from mental disorder must be made in the best interests of such person. Having considered the totality of the evidence before me, I am satisfied that the appo intment of the Applicants as Managers of the patient's bank account is necessary, reasonable and in the best interests of the patient. Such appointment will ensure that the funds belonging to the patient are utilized for the very purposes for which they ar e intended, namely his treatment, maintenance, comfort and general welfare. Accordingly, and for the foregoing reasons, this Court finds merit in the application and hereby grants the same. Donatus Albert Komba is hereby declared to be a person suffering from mental disorder and incapable of managing his own affairs. The Applicants, Isabella Malula Komba and Simplis Mahunda Komba, are hereby appointed jointly and severally as Managers of CRDB Bank Account No. 0152242149000 held in the name of Donatus Albert Komba, with authority to operate the same solely for the purpo se of meeting the patient's medical expenses, maintenance, care and general welfare. The Managers shall act in good faith and in the best interests of the patient,

7 keep proper records of all transactions, and render accounts to the Court whenever required. The authority granted herein shall not extend to the disposal, transfer or encumbrance of any other property belonging to the patient without prior leave of the Court. There shall be no order as to costs. Order accordingly. A. BAHATI SALEMA JUDGE Ruling delivered in presence of the applicants’ counsel, this 3 rd day of June, 2026 Dated this 3 rd June,2026 at DAR ES SALAAM.