Saudath Alex vs Zablon O. Omolo (Misc Civil Application No. 22 of 1996) [1999] TZHC 471 (22 December 1999)

• '1 ,.·. . AE ·?@YA .• .. ,.; MISC. ClVIt' APPLI01liQN:_.: NO. 22/96 <.:· ·. ZABLO?J O• bMOb'b •. ! • , • f • •• o •• o ••• , • •••• 0 RESPONDEN'l 1 P,ULINO MWIFOP0 1 J • . .Phe applicant AU'.DA?J: w/ ~ is the junior widow of ·i;he ttte ALfJY/'e/ SIGU who died on 3 -,:huary, 1995. She has applied throu;- b% '·• Advocate the learned Mr. Mbise;for a review of the rulinc of this eou±-t . .:., .. ---.-;f -18/9/98 which appointed the- senio; widow ZAlNAB w/o ALEX to apply tf . . (. 1f V be- apPoini.ed administrators jointly.-.,with ·the -.Cou:r:t ;J3roker Mr. J.A. ndonga. ~ ·the esta.t of ·iihe same late AIEl':,e/o SIGU. (!:,/::·- l'he reviewirequested is meant. ;to•::Phange. -his ·qause from be- an inisti-a.-tin o+ ~ test a:~~-. esJ.a,t .to ··on~: t[~ t!t a, WJ.1.1,:w}.iQh was left , . . ·'-· ..... , - ;• .• lzy' the same deceased Alex sign-'.:u.st.;_whirh;' -S' about t_o die. . :':,:.·.-.,:;_"-;;. ~ .. • l'he applica,.•iiion has been supported .by-_i'oi..u'.· ·c!,ffidaV:i::s;·,'.i;he :first one being 6:f ·i;he lea.med Vi.r. Mbise (Advr·which avers in the 5, 6 1 7, &. 8 the paras tha:l; tl1e applicant,.-- he was representing in Civil Case No. 14/1995 of this court which pproed the receiver of the business propert.ie~'of .. -lie deceased,s?owed hifn irt May, 1999 a copy of ·i;he will (wosia.) of 25' Jamiity·--995 a;awn by an 'vo·cate the lea:rneci Mr.· ·Butag_tfu and signea by tlie dceased· and two w'itriesses Mr. Otierio Olu.rt{t 1 a· Igogo dLn- JF•- J 6iin - 6:ntfuida. - Ire further tVers i;b,a.t the pplit:a:iit' o'on:Eh-ttied t6 him c · .,_,,- ·I•.• . .:,. \ -. . ; ~ ' .•. -Vat si~ g·o·t /the, ·cop;y-, of. the l{;ill from on~· Igogo· ·on~ '-i;f ·che l-ii·c'n:'esseei :-' -~ .·-- "!' • • . ·.=:·-··· :. ·. .. . . . : . ... . ... in the "w:[11.· · ''.i:he'· ierarned Mr~ ilTbis'e (Adv) advised the appiic'rod; to seoti:r$_-,;,n:Y ·:: ·, .. · . . the a.f'f'ida.vits of 'lvitnesses in.:_the wtl} -}l~:-dia fua.ke their affidavits .1,- filed hereiri' ilt:. Ertlpport · of El PP,lica:t_}o;p:.: 7 ':·-,.,,-,:-_ ;·__ · ··-- ·-- - ,,. rheri is 'f{cti·frhe: th~-~4r:tid_av-- ¥,;:,;oJltl;;da wli' ·is dm~~f.td:, in ... • - ..,,: •••• •• •• • : • ( ;·,; :.• . .' .•. ·.- ... ; ••' , ... ~ • . ••• ' ."; . ; .-. ;=.7 ;· .: •.• : : '.·,,- •.• --.: • ..... the same na'tive locality with·. the q:q&sg.:i'a.na:-wa,i{tine with ·the • ·,.• .r· •·• . •:'""\ • decea.seq. arid: :_his imily •:r/-long · t_e. it{; the·ir lif:·,i{~~~j{iit\e· iness· ·.- . ·- .. . .' ·. . .. ',_. .. togethO;, Of _'1,e ,;arage ant;;oTio-<3hop ;,,,.,il:,•~~r ::=:,:~''i>., i ·,..'.·• :. ~-. . . ...... ':\

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• 2 the deceased at Mbeya. and went to l&1 where he was joined by the deceased and his 2nd. wife the applicant as tli~ same deceased needed referral treaent I'he a.eceased he added wa.nt.ed to have a.n advocate for draWing him a will which was done by the lear.aed Mr. Mutagatina (Adv) which was on ' ' ~ 25/1/95 ultimately thumb printed by the deceased in the presence of the advocate and two other witnesses with himself as one of such witness. •. . ; One Otieno Olung'a Igogo also §'.VT an affidavit to the same effect as done by John Ruvanda.. lie deponed that the one who hea.rd the deceased make instructions of the will contents was only the learned Mro Rutagatuni · (Advocate) in privacy. te,tar:~ on he witnessed the decased thumb, pri.riting his will, and he too signed it as one of the witnesses in te w~~l• .Ph.en came the a.ffidaVit of ohristian laurent Rutaga.Hna in which ' . he too avers to have met the deceased in his advocates office ~:Ivras acoPmpanied by the other :1 Qeponents John Ru.Yanda a,nd Otieno Igogo in Mid December when the decea.sed structed him to prepare a will for him .. Def ore drawing the will he interviewed the deceased while the deceased was already privately hospitalized in Kinondoni area while the deceased was still in his sound mind and joking mood. ·Ile attached the photocopy of the will itself which is signed by the deceased4 ·rhe respondent Za.inab w/o AleX has opposed. this revision through her advocate the learned Mr. Mwangolee She has also ma,d.e her r.,wn couniiex affidavit challenging the affidavits of the testators of the will whichthe aJ.leges to be forged in order to mislead this court. By 25/1/1995 She avers ·that the deceased could not make a will for he was in very bad condition of fui health. ~ the hearing of th$ revicd the learned Mr. :Mbise (Adv) for the appliea.nt clarified that the applicant was not opposed to "the courts proposal for the senior wife the respondent and the court broker ~..r. Kandonga to be approvedl joint a.dministratoJ:>s of this. estate. Moreover, both sides have supported the courtk pr'otosal that vhe estate be divided to the benef'icia.ries inμnediately. · that . .Vhe lea:rned, l•Iro Mbise (Adv) submit;ted that had /been done bef'o:re all these problems would not have arisen as eaoh

· .. ; "·· -J- benefioi~ would hi=i.ve itd ai' o_f .her/his own estatee But he :cl reviewe( , . , .. that ;with th.ts. i•7.;..i1 granted the ·distriblrt ic,n of the· deceased 1 s esta·lie should be ½sed o:ri _ the will ;-r::,t.: · , '. The iarned lb.- Mwa'.ngole (Adv). on. the other hand raised th.e technical , . reviewed ._point hat th.is rriod is out of time -for H -·a.p been filed aiter one month had ·eiapsed from the time--i:he ruling of this- o:uz-t wa.s d.live:red on the .. •.18/}/1998 in the presence of· a11· ·the'· paxties oonce:rned. ''.t better dipose;-'off. this point of law first•· In the fidav:h of . ., . . ., . . , .. the lea.:rned'· J,1r,. · Mbise · (Adv) 1 he has explained_ .. tha,t . it was in· May 1999 when . . . . . .. . ~ the applica;t saiicfu,th: .w/b uei' oaine. -0 shw-. hiμl the·· photocopy o1 Jche will · · (wosia-) for dv'ice after- she had go{ i·t. ;from li1r. Otiemo Igogc- one of the witnesses in · the 'Will deponents in this application. · ·I1he same Saudath \i/o ·Alex·· not swrn an.y affidavit to show the court when she got hold of . But ·from the presentations of ·the'' , , learned Mr.- 'Mbise (Ad~) the aJ?lfoant went to Otieno .Igogo to se.elr Jiel·: ,·.: '•·

• from him who was a. close friend• 6f th~' deoea,1.:3e_d ·conuerning her need to make life ends meet after the ruling of ·18/9/1998 was made by this court. which stopped the subsistence paymeri of shs;15,ooo/"" ea.ch mo1i.th from -th'e°· . •., of ly ... esta.t 1 the 4eceased which was· previ~ supposed to ·&: (ll i:;o · her as mainta,ne . Zablon s/o Omolo the original receiver who was removed ... •. by this court on 18/9/98. -- In her joint eceiver - Zafua.bu ·w/ooilex. and , .the eourt 'Broker ·Mr• Kandonga were· no longer made by ·tht Coi...i.rt iiable to maintain the jUhior wif'e due· to the non-functioning of ·t1e business ventures of the deceased. If. that is 'the ·case it means __ t~.t tlie applicant came a:cross '-chis ~n .. preSUl!lably for the first ,time in between September 1998 1 s·9G and May 1999• Whatever the date she first saw-this will she should have come "lio :present it to this ·court immediately and at ·most -within 30 days f'rom fiia.y 1999 when she took it to the learned Mr. Mbise, A review · should. J.1.ave been commenced in June 1999 at the latest. It was not filed uxi-i:; il 2 .Au.:,'""U.St, 1999 already out· of -~imea IIowever,' this court ~ discretion itr0 11dr11it if ~-t - of tir.:e and. :L"'l the worth cixoumstances of this case any court :) ·

:, ·- this :review whethtr· ~ or·out f<f ime in order to give a vital chance to be deceased hims·l:t; ·at even to thes13. present adversary parties, to be heard , . <: '{ ': ,' •,· . . ; . . as_to.wha,t did he say in his last __ :-vil- Sq 1 . :I will proceed determining .... •t .. ,- .. this :application for :review as if it we:re filed within time in o:rder to . . . · ' alleged _gi~ chance to the deceased to be heard on· his last words of this will. . . -·--. - . . I 'l1he :,ne.x:t ·point· . to consider i~ -he. au:l;hority of' the will itself • . . .-:· 1: --:·· ,. :· -:.:. Can1it be relied upon-as the basis ~ t_e .istribu.tion of this estate of , its make;r ·th late :Ui- w/ ·~~~ ?~ .. _. _ ,•·.- ...• "!. ,. ·I'he 'photocopt _ of the will filed. in court is signed by the deceased wi•41cv.:t · any- ·right :thb p;int of hiim. _l1h,- lt1ed Mr• Mwangole ·(Adv) ~ . . . .· . . has capita.lized on ··the disparity betvzee~ the actua.1 hand signed signature ... . . •• .!.-:.... •, ••. . in the supported will and the right .. '!ihiunb print. signa.tu±e of the deceased . ·..,_:,:, ~ in -11e_ will paper ¾hih- -~~s :,;repa.r-ed by the learned Mr. Rutagatina (Adv). . . ·"· . . According to the laxned ii:r-. ~a-;le ..(,M.v )- w'hat this disparit; means is .. , .,.· . . .. ~ . :" . . ':. ·.'; .... . t1at the''w.ii.'ll"" ijj{ court is not the· one that was prepared and ·drawn by the . learned lv!r•· Ru.t·a€at-' (Adv) on. 25/1/1995.:-. In reply the leai.'!ied Mr,, Mbise " \ .:..:., . ~ ' . said nothing ab01tt -this· disparity of th(3 s:i,.gi~"iiure and thumb point in the . ~. . . ~ ',. . . . will. 'l'he view of the court is clea.r tha:li. the three a.ffidairits of the . "'. ' : : witnesses to the wiii of' the deceased a,r.e .empb.at iq that the will o:f the "": - . ecea.sed was rigl:U thumprinted ony 1 n_o: signed at· 3.ll. Jlhis is in . - . »· the a:ffidavit of Jehn -Rl.Iv in the 9th parai _in the aff'idavit of Otieno Igogo again in the 9th para and in the 7th para aff'idavH of" the author of . .. . . . . . . __ the .will and advocate Who atte.sted :lif ·the learned Mrc- Christian L. . .,. ··••,; . . Rutaga.tina •. Actually, the lea.med )1r. Rutagatina. is-his affidavit even. stated ;·' 'J the 1:'ason for the deceased to thumb pJ:":int :iz~~her than:. to·- sign it as ,. ·i.- .. f?~~o1vs I . qQ.ot-e· the Tth para of' .his affidavit by the. vei:y- words g..;;. -"7 • And - for the avoidance o:f com;p].ai,nt-s which would arise purporting that ·the WILL wa~-- ~-' r;,y ,, someone .. on: his behall''-tn'e'" la·ttrir.Ex !>ANIEL SIGN 0Pl1EJ) '.' . t t' _; ks;~1/'~is :i;:ight 'hs,nd ttJ.Uiib on ·-the; WILL .which I . witnessed thereunder accordingly•" r:;

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.,'.l', ··. o:··c1e __ , therefore,' since the dec~~.sed thumb-printed his l,tll a.s : :seeJ:?, ,?3-Vthe 3 depQrients · before thμ Ovlll eyes the pLJ.;rportd vT!ij ' 90μ:rt a; -photooopr ··:F which ars 11,9 riglrt ·thumbti>r;i.nt a,t a11 · of the _ ..,":.'I. • r t . . . . · · · · .· , - :i.n. C,tUJ;' . dC,eMed. b,u. i..a'Jl{e tU.metrica,l pp'osite/ bears' a :purpoited .hand si~~f of the deceased I hold tha,t the photocopy ot the will produced in e9 is definitely not .,lihe actual right thumb printe_d will left by ·i;b.e dee@aaed •'.'-J but someth~ else f'o:rge~ or mistakenly misrepresented a.s -lihe will Whj.9h the th:ree deponents sa.w witnessed and attested. So, this-OoU.Tt has not ·,.. .. got a,y real will of the deceased. a.s yet• There a.re o-'vher points whioh impea.oli tltts pres·ent. purported wil; f1, _. the deceased. The llwilltt filed in O'ou:rt ha.a le:tt out crucial beneficiaries t.o the estte of the deceased. ·J:he fat her of the deceased: Daniel Si@tl as well • as·· ·i:ihe senior wife Za.inab Alex and the first born son of the deceased Oba.la · s/o Alex$ who is etqizlg with the senior widow have all been left out Qf "iihe beneficiaries without · ?,BOl'.i bing any reasons at a.11. I.f the - . ff iia,1.1;) will wants to exclUde lawful beneficiaries to .his esta·te he -t eive sound reasons acceptable in la:w e,e -ve,.lid such as if the wife or son such benefician _ ·. · attempted to kill him, ha.a already be ·aiven his share in the estate I . - while the deceased was still alive which advantage wa.s not afforded t, the other benfioia.ries by reasons of a miJ;lr age, the excluded beneficiary eommited some crrave immova.1 aot or ommission upon the deceased such as incest rap_e, eto. All the \fie excluded beneficiaries ha.Ve not been s~own to have done any such henious acts to ·the deceased before .he, died. The senior wife ha.s been mentionlk the three'-fida,vits as .having ,.. been seperated from the deceased since 1988 until he died :i,:n 1995 and that sb.e· was cohabiting with another man besides the deceased. ·rhe senior widow agrees to have been seperated from the dee.eased, but denies to have been. living with another man. A seperatioii lawt\ii means between a married couple t·- solve the fr,: . I difference1;1 at the existence of ve. unsolvable matrimonial mat,ters. nut; seperation is no a divo":t'Ce· and -hey still remain a wife am husband Sometimes seperation is, done for good of both sides if both are working :in i

',.: .. ~ ··• -t...i-- ..J , t othe:rwi.se.r the fa,ther o:t'. t:ie, de9ea.s_~ Daniel SiPR_ was ' til'(t;L.........,.16 ?.:i.-,;;.:;,u.,...;€· . C"' . . ~ :hrf:l_ in :row.rt., and l;i.e nev:r .. 9.'?.JJ!Pla.5:ned'. ti.bout .. _tri--lwfu.lne_ss of marriag • ' .. • • •• • ', • ... • • • .. ·•. .• _, t. •. • • ·- •. , • . .. ' ' ,6f JJw, :r}31>c-J4l~~;f.q :' %e.. Aces,d - 9.I 'their ..spe:;a.t i.on. §ince the respondent , : . . •' •. , . . i. ·,; :, -- \ ~ J •·- • : • • ·•· • • .• . • • •' .. '. ,. • . . •• • • :\ ,:· ,4 il9-I'.ell,,iw,"h~~~-$.,)~~~~ ~~~J-c:imt }~~ 1}0-, s6rne l:3El:tff and'. greedy -·· . • - • . !.· -~ • - • • . •. . ·,. • hus1?a,nds. il;l_, 15 :-42'W1t,9;IA Pl'f.•Vtsio-~ ~uch as !ood,P!'~fer to_ ,_constractively. ·' '• ·. . . . , . .! ,, ~ .... ·. ·,, ~-. !:fl'- ·, - • . ',<' ' ~· .• ' ••. . • : desert th!fl ~~~ ,1.tl?- ,,X JD:~~~lis -Co f_ed and opt to stay wri. th the barren vife . .· thy , "" . . . ,., ,,,.. , . ···" . - . -- , . . . . ·- .. so .t_hat • eat and in.ta.in ach .othe:t' luxurioUE3l;y dnly .the .• two of them. ·• · - · I . · anothe:r- ·-·- · · · · · . ·rhe:re is also $erious problem of ·i;Jiis will wb.ich .Wa.$ kept under 1· ,·-· . . ''•' ,. . . . " ' h~~~/.o.:r:. s¼J:-~~./,f;.9 25/1/95 ;until _it w.as;_shomtto the applicant from about May 1999() Since the two witnesses to the,. :wil+ Otieno Igog• ' · , ·with the deceased .a.ud .:l'ohn Thly9,nda.:w;ere. cl("E;_e fr:::i.Eμ1ds. •alld .iq.pusi1}ess.,.workers .for a long •., ' •.f),•• .. ·••' .· ·h.· , ,: ·• ··'·' . . ... . .. . . . .... " - .. - . . ,- / . :. : time, life time, almost, they knew all_ abo:tr:-~~~~ _;was. gq;~; .?n in this caee

• ·.-. since 1995 and they even participa·iied the tuner~ ... of' Jhe _.q.eceased in . '• ,'. . . . . . -· - . Dunda Mu.soma. who .should have told. the deceased I s. fathe;r .about the wili_ ; .. · ... , . - ' . . - .. ~ r. _; ..• : ~ :; ;rhe lea.med Mrc Rutagat:i..na Advocate who alone hea.:rd the deceased . !.- • • ·'· .. announce his will on his ef3tate. and :inheritors there;:if did.·not :reveal it : •, ' •• ,·, -~~! ' ...- __ , .{. :: · • .•• . . . . . . •. :.• ... at .all in hs · affidavit w:ha.t. the cleceased pequ.eathed to. whom. So, there . . ... "·: .. _-,,.- ... ·'•~·:•, . . ... a:n.y
• is no more SOP- a.f.te:rf d:iso~a:in.g tJ::.e puxported will. 'f'. -information on the contents of the real tU!llb-pl?-?ted will of the dec.:,a,sed. I totally ·. 1 It is dismissed. - Jhe other hand ,ow a.ll}:the pariijes.~~~n~;Jjo .,ag;ree, 1 !~hat -~he best dist ribu.t e solution is to di::;'fui ;r the esa:li of', ·i:ihe d~~eased. 'l1he ,discarded will b.a.s some good ideas on how _t.1:ie e$aj;, sb.9uld be distributed I now go on distributing the estate of t.b, .. decease<;t aJ!l· P.er consent of .. ,aJ.l the opposing sides. Firstly:, it has to be esta.b.lished what estate is still intact now for distribution. The esta.·~e seem to consist. of the following properties:- A. Fixed assets:- ,,-. ",. .

1. The r;raee and workshop building at Plot Noo-4-· Industrial area registered t;J;e N0. 334-DLR Ld cffice 71992~
2. · Complete residential house Ma.ch:i.njoni-M_ia Mmlicipa.1 reiste:ood ,.. 1.. t · title N00 3355 DLR LaM. cjf.fjD£c .!!'i,t• 11.·stn.- }':H;fr tt:·if/f:t?,1#: .. :·,

f ' 1 incomplet.e, residential hous~· at Plot 18{. Dlock F Mbeya MmiicipaJ. - regd.sered :title no. 51. DLR Land office 42092 with 5 rear funishcd rooms· , . r, the rest. unfinished. 4. ITo-use at P+ot No. 323/Dlock F registered title No. 2109 DLR land of£ice No 0 124603 which _is. the. riame of Dantel Alex sign 1 st son of "the deceased with the senior wid?W OU1Tently occupied by the junior widow the present a.pplican·t Saudath Alex. 5• Plot Ne,• Dlock T - unbuilt. 6. Plot No9 Forest - unbuilt• BaMovable property ;'l 1. Items ·3 up to 16 and 19 which are based in the garage. and wo:t'l~ which include. (a) Injec·i;or pump ·teste:r make kartidge 2500-1 cone with Hs nozzle ,, . rester 2 (two) one of which is dfectiveo (b) Injector pump tester for. smal machines - 1 (one) .. (c:i) Dosch Injector pump tester 1. (one) (d) (Locally ma.de oompressor 1 (one) (e) Battery ollaxger (defective) 1 (one) (f) 11 G 11 clamps 2 (vwo) (g) Grinder (electric) 1 (one). (h) Benches 3 (three) (i) (Empty gas cylinder 1 (one) (j) Office ch.a.irs 6 (six) (k) Office desks 3 (three) (1) Office cabinet 3 (three) (m) l 1 ypewriter fa.cit make 1 (one) (a) (L/cruiser TZD 7623 (b) Pajero TZF' 6881 ( c) L/Rcrver Plu TZ 684 79 (d) 'I'"'yota corolla TZ 80744 (e) Shep for (spare parts) ( 3.: 1:cnt----' . """ - - -- --· · -· ·. • ....

4• Debt ors ( DAO' Mbeya, • (a) Debts owed to ·/;he deceased for 1994 a total of Tshs.3,498 1 275+00• c. Debts of the deceased credited.to him by his creditors and bill areas of eleotrfoity, 'water etc - valued a.t grant tota.l '.I'sb.s.5 1 284,500/-= .. have (d) Bank debt - who ye attached the garage and workshop ready for aeJ.e.,. . not . public action · . but they coul~ attract ai-iy/ t.e:rested c,r prespeotive buyer. AltJi,ough the same is still undeJ:' their attachment after foreclosing on their own mortgaged same property, Since there is no dispute as rega.rds- the appointment of Zainah. y/ · Alex assj;sted by the Ooui"i; Droker Mr. J. A. Kandonga I therefore he:i:-e'by appoint Za,i.nab w/o .AleX and the Court Broker J. A. Ka.nd.onga as jo:u1.1i ailministra.tors of the estate of the late Mr. Alex Da sigrio rhey a.r orde.ed to finalize the neccssa:ry pJ'.'eBequis.:i.tes demanded for ·i;hem to carry c,.rt the administration of this es"iia.te such as filing th.ett, securities. bonds ~~ The above enlis•l.ed estate properties are to be distributed by ~ oo.urt hereinbelow as per lavr.f'ul beneficiaries the la'Wf'ul beneficiaries a:re the foll owing g- ( 1) l'he senior widow Za.inab w/o Alex. (2) 'l1he junier widow Saud.a.th w/o Alex. (3) The fa;liher of the deceased Daniel 8i.gn - who lives in MuaQm• (4) Oba.la s/o Alex Sign (23 years) - born out of wedlock ey another deceased mother. ( 5) Dalriel Alex Sigri, 17 years) ( 6) Edward Alex Sign ( 15 years) (7) Nicholau.s Alex Sign 13 years (8) Ernmal1uel s/o Alex ( 11 years) rt is these 8 beneficiaries only who will share ·th.rough this court 1 s distributed. I hereby distribute these est-ate- properties as f'ollowst- .AA: 'I1he Fixed Assets movables connected thereto• (1) (a) The a.rage a.nd workshop on Plot Noo 4 Industrial ara registered ti"Gle No~ 334 DLR Land office No. 71992 has been seized for su~h sale. by the BMk for s.:1,le which has alreacl.y l1een procl::--,imocl pr:., _'':.c I

purported will ha.s -some sound i9-ea. for H was bequ.ea;thed to the 4 SOU$ of . the· senior widow jointly. 'De 1 1will" mistakemly left out the other son eldest·-so'by he unnamed _deceased mother-· Ob 8 1a s/o Alex Sign. So., I -hold that this business premise is hereby distributed ·i;o the 5 sons of the deceased jointly and in equal shn.res of 1/5 @ in ito (b) ·irhis applies ·iio all the movable properties allied to ·iihe workshop in items of movable properties in para B(1) (a) - (m). n means ·lihat even these workshop a.nd garage movable properlies are distributed to the 5 fJOllS of the deceased in equal sh.a.res of 1 /5 @ as per their market value. First Priority goes to the ban . fut in case there is any easing or , giving up of this mor-tgaged property by the bank it shall revert to ·the .5 beneficiaries hereinabove bequeathed.. For 'l.he sake clarification ·tb. 5 beneficiaries a.re Emmanuel Alex Sign (11) years, Nicfuua.s Alex Sign and Oblla s/e Al~ SiS1J.t ( 13), Edmond Alex Sit,"'n ( 1 5), Daniel Alex Sign ( 1'2) years 1/ If' anything · is sold out of this jointly distributed estate in the garpge a workshop a'1'f building the same shall be shared by "the 5 beneficiaries in 1 /5 portion ·@. (2) (a) 'l1he complete residentia,l house regis•ered oerhficate o:f rio.1.-t of oceu.pancy with title No. 3355 DLR Land office 71992 Plot No. 173 Block F the residencia.l house currently which was occupied by the senior widaw ' I . \ Za.i.tl,ab Alex which was built prior to the marriage of the 2nd widow ·to the ,, ' ,,. decease It is distributed to her (i.e. Za:i.nab w/o Alex Sign.) • (b) All the movable hausehold effects contained in this house· . 'a.re hereby distributed ·Go the salll~ senlior widow Ze.inab w/~ Alex. (3) I1he uncompleted Residential house with 5 completed rooms at the rear portion Plot No• 181 mook F registered title.No. 51 DLR I.and office 42092 I distribute this house and Plot to the 2nd junior widow Saud.ath_ Alex. 'I'his widow was not lucky to have to bea.r any children wHh the deceased or any other man for that ma.ttere She is alone with no dependants of ·the deceased and the 5 sons will suffice for her residence.· ( 4) (a) '.I'he completed house at Plot No. 3231 Block 'F' registeJ:'.ed · •i;i•i;le No. 2109 DLR Land off ice No. 124603 is already the property of Daniel Alex Sign assigned to him 'before the dec0ased died. . deceased it rhis was a present to him _by "che / and mt1.st be honoured.. n is hereby

• her ma.tri.monia.1 home from the time before the death of the deceased until, donee today. She is allowed to stay into this house unt_"i~~ 1:ts lawful/and bequeathed owner reaches the age of majority of 1'8 years alter which she shall vacate if and move: to her own dist:rib'Lrted house in. pa:ra AA.(4) Zl.bOVe• (b) All the movable properties currently in this house wha·tever they are from now onwards a.re distributed to the same Saudath w/o Alex and she is free to take them to her house distxibuted to her above in para AA(4)• (5) There are two plo-s of the deceased at Block T and Fores·I; filo0k. is shown One .of it is said was sold and {t 1 not;which one. 'l 1 he same one of ·i;he Pl.tts is hereby distributed to Oba.la Alex. Sign for his eJCClusive. ownership• (6) If the her plo·t empty ~ wey a·t this place :is' still int.act it. is hereby distributed to the Edward A.lex Sign (15 years). BD. Other movable assets:- M/vs and spa.res g (1) l'he Ie.nd oruise:r .TZB 7623 it is hereby distributed t!l the senior widow Zainab w/o Alex. (2) l'oyo-ca Corolla TZ 80744 it is distributed to the 2nd junior widow Saud,-'l,th w/o Alex. (3) L/Rover Flu TZ 48479 it was already sold by the originAl, -.n received Zablon s/o Omolo. Since a large portion wen Daniel Giq the father of ·lihe deoea.sed that was her sha.rtt\he m/vs of 'i:il1e deeeased. . j (4) Pajero TZF 6881 - this is distributed in its proceeds of eale . f shs.2m/= in equal portion amotjg the 8 beneficiaries of the doeaeed ')he senior Widow Za.inab w/f' Alex sol_d this m/v without the permission meant of 'lihe court• It was 1 . · to deny the o'Gher beneficiaries from benefiJ~~ing get m it. So each beneficiary shall 1/8 of the shs,.2,000,000/= sold which . I is shs.250,000/=@. So 1 Zaina.b w/o Alex is hereby ordered to pay shs. 250,()(X)/= @ as the :i.nb.eritanoe entitlement ·to Saudath Alex, Daniel Sign the father of the deceased and to Oba.la Alex 8.ign '\dlo are g:ra'Wn up benicia.ries ·-·:', and a.re supposed ta be self suEttaining. Iler own share and those of J1er 4 her chidren will be repaid-by Z:1.ianab .Ale:ic as per own means a:n.d/or she can hol,d I it for them • (5) l'he shop spare shop. It's contents if sa.leable be solcl and ,., , .....

t. administrators and ·:any payment thereof be distributed to ·lihe benefioiaxies at ,/8 bequeathed@ after deducting and paying off. DD 1 .rhe deceased 's debts to his ced,itors for shs.5, 284,500/= be contributed by nll the 8 beneficiariesfor its settlement to the lawful credit-rs. if any 'l1his includes to the bank debt too leeding to the attachment of I garage and workshop etco It is clarified that the minor beneficiaries who a.re under 18 yea.re eannot technioaly ·own the titled houses until -they re..1.0h mc.jority a€f.JW ,. · That does not af'f ect their distributed portion of the inheritance .:;.. the portion of the underage beneficiaries shall be held in trust for them by the administrators thn:r mo(;her and Courl Droleer as next friend and. a guardian as well as the administrato:z:is -witil they reach age ~ majW the own wlin thy 1-vill acquire ;;,:, legal capacity to 7 ~ bnd and hou.ses. with. I regis·iiered certifica.te of tHleo ·J:he joint administrators shall overseer ·the eibution of this II distribution of assets of the estate of ·the deceased until the estl'.I. hat been fin.:.tlized and olosede Report must be made_ to the court for guida.zice or decision when~~ problem crises needi.ngtiCSffltlf.l ~~1:md.. and lra.in in it. 'l1here is I 1 oyota Corolla which is sa-id to have been pa'W?l.ed to som•e Such a pawn was an illegal undertaking not blessed by this court the etaivs a seen estte preperty. quo of this motor vehicle :oo retaine<j, It shall be immediately L.:_ seized · from ·the creditor and handed over to ~he beneficiaries to whom it ha.a been distributed i.e. Saudath Alex. And Zaina.b Alex shall refund the pawned money to the respective unnamed creditor., l'he junior wife can immediately t$(e into her custody and ownership -the same motro.- vehicle in worlti.ng oond.i.tiilln..,. ·for review •J.lhis application/_is distl:issed with ,casts. t ,,,. ... ~. Eo Lo Ko MWIPOPO JUDGE 22/12/1999 " .. 12.,

• • 22/12/1999 Mwipopo, Je Applicant: Sau.dath Alexo - present in person. For Applicant - Mr. Mbise .Advocate - absent . Respondent - .&inab - Alex pent in perso For Respondent - Mre Mwa.ngole - Advocate - absent• . B/C: Mrse Ka.subirie Court g Ruling delivered :in the presence -0-f both.~ .l Co~ of Appeal explained. . . \ E~L .. IC. MWIPOPO JUDGE 22/12/1999