Felix Nakara Ngowi vs Mary Felix Ngowi and Another (Probate and Administration Cause No. 1 of 1999) [1999] TZHC 298 (15 December 1999)

IN THE HIGH COUR'J; OF TANZANIA AT.MBEYA PROBATE. AND ®MINlSTRATION CAUSENO. l OF 1999 In the matter of the estate ot the late FELIX NA.KARA NOOWI and In the matter of an application for letters of administration by: le MARY FELIX NGOWI 2. GERVAS IVO NGOWI JUDGEMENT MWPO, J. This is an application for letters of_ adm.inistration filed f the joint appointment of DR. MARY FELIX NGOWI the 0 lst applicant and MR. GERVAS IVOR NGOWI the 2nd applicant as joint Administrators of the eetate of the late DR. FELIX NAKARA NGOWI who died on 6/10/98 a.t the KCMC [1 i',.. -e (Kilimanjaro Christian Medical Centre) Moshi and was buried at his • I • domicile village of Uru-Ongoma, Moshi Distric~, limanjaro Regic,n, Tanzania. The application has been objected by the two caveators AGNES SIMPASA as the first objector and FURAHA STIDMBA as the second ebjeotor. The applicants for letters of administration !18-V been represented by the learned Mr. Materu (Adv.) and the Objectors have been represented by the learned Mr. Mkumbe (Adv.).' In between the mentions of thie probate .land administration cause " the same two objectors jointly and severally with one CRESIANA FOCUS NOOWI filed an interlocutory application for appointing a court broker as a receiver of the properties of the estate to whom the present two applicants for appointment as administrators and one SIMON MODEST KIMATI would surrender the entire estate of the deceased and who thereafter, it was prayed, should be prohibited and barred from intermeddling with the estate of the deceased.· .••/2

• 2 - This court already dealt with the interlocutory application t~ the appointment of an estate receiver by rrry ruling of 20/8/99 in--..., .. ··, ' which I partially granted the interlocutory ·application by appointing ··-.,. the 1st.applicant in this probate and administration cause DR. MARY FELIX NGOWI as the Receiver of the estate as assisted by the appointed court broker MR. J. A. KANDONGA and the operator of the businesses MR. SIMON MODEST KIMATI, inter aliao Thereafter, the hearing of this main application for probate and administration cause and the objections thereof were heard inter parties as support"ed· by the affidavits, counter affidavits and replies thereof as well as the ___ sw,orn testimonies of 5 prosecution witnesses and 3 defence witnesses and several exhibits were prodced • .. Now this is the judgement.- the sequence· ·of which will follow the issues framed one after another. The issues drawn by consent of both parties are:-

1. Did the deceased FELIX NAKARA. NGOWI leave any will, if yes, who according to the will were bequeathed by the deceased to be the executors, administrators, and beneficiaries/inheritors of the deceased 1 s estate?
2. If the deceased died intestate (without making a will) Qr he left a will without appointing administrators therein who are the proper persons to be appointed administrators • l • , , • - of the estate of the dece·ased?
3. What is the estate itself?
4. Who were the wife/wives of the deceased?
5. Who are the beneficiaries of the estate?
6. What should each profer beneficiary inherit from the estate?
7. What other relief can be granted by the court? ••• /3

• 3 - i 1· I: To start with the first issue drawn of whether the deceased Ii , ,. " I 11 DR. FELIX NAKARA NGOWI left any will/ and if yJf3, 1 :v,ho according to the 11 will, were bequethed by the decased to be the iiexcutors, administrators :· 'I ' •. i! I, and beneficiaries:/inheritors of the deceased tnere are the sworn !/ : I" Ii . testimonies of those.who say that there was a will of the deceased left lj I 11 Ii as shown in exhibit P3. The witnesses who testified to that effect 11 :1 ' !i are PW.l, Dr •. MARY FELIX NGOWI, PW.2 GE:RV.AS IVpR roowr, PW.3 MELKIORI . . . 'I' 11 . F AIYA MUS HI and PW• 5 SIMON MODEST KIMATI • •:1 . ii . 11 'I On the other hand, ·there are also sworn t;estimonies to the contrary i.e. that no will was left by the deleJed and who allege that the purported will in Exhibit P.3 _was forged. 1 1 / 1 e witnesses ho ·: · ' I' . !, I •. testified to that effect are DW.l FURAHA SIW,BA DW.2 AGNES SIMPASA 1 DW • 3 CRESIANA FOCUS NGOWI and DW • 4 HONEST NAKARAl 1 / NGOWI. I I. the will i! 1 i The defence opposedLas having not been w;t-iten by the deceased 1! Ir by producing E:XHIBI'J?S DF. lA, B and: C which boIJ 1 e tbe true signature and . i i hand-writing of the deceased so that it can tje s 1 ompared with the I I alleged forged signature and hand-writing of Ith~ deceased in.the will ·i I/ in EXHIBIT P3, •, ii :1 . I 11 In terms of Section 75(1) of the Evidence Act, 1967 I have f ii , , . . ··I/ M . compared the undisputed handwriting and sgnktu!be of the deceased in JI ;1 . EXHIB1T DF.l A, Band C with the handwriting ahd signature in the 1.' -!1 · I , . will in EXHIBIT P3 and I have come to the cdhc:Lsion that-the.handwriting 11 I, I 1J . . and signature of the deceased DR. FELDC·- NAKARA /NOOWI in the undisputed . Ir 1 1 • . ,/ . 11 . documents in EXHIBITS DF.1·a, n and c is t_ota1ty different· from the · if I . · handwriting and signature-' contained in the puJorted _will ih EXHIBIT 1 1 I . . 11 1 1 P3. Therefore,it is·;·not the deceased who p 1 rsrnally wrote the purported ,, 1· will or signed it •. ii I j I I' The applicants through their advocate '/the learned Mr. Materu and !1 ,1 I I, through their testimonies of PW.1-,. PW,2, PW:,3 1land PW.5 have conceded . . Ii . i that indeed th deceased did not" write the :lwifl himself; but, that he ,I II '1 I narrated its contents to one IRENE: IVOR NGOWI the author of another :! [! I 1,' , ••• /4

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• 4 - EXHIBIT A.II who is the one who reduced the words of the deceased into his own writing and later on brought it back to the deceased for the deceased to sign it and he signed it. The difference in the signature in the will is explained in that the deceased wavered in his writing by shaking and that is why his signature appeared differently from his true and normal signature. If the deceased would have been _ to that much shaky as to failLsign his own signature he must have been such shaky in his mind and brain as to be unable to comprehend not alse only his owri. signature bu1zthe contents of what he was signing for in, f?~ of the purported will in EXHIBIT P3. Moreover, the arguments of the learned Mr~ Mkumbe Advocate for the objectors that one of the witnesses to the wiil should have been a non-relative'as required by the Law of Persons GN 279/196~ under . - R.17 of the 4th Schedule is valid for the two witnesses are IRENE IVOR NGOWI who is the close paternal cousin of the deceased and MELKIORI MUSHI who is the real brother in law of the deceased who has married the sister of the deceased. The other reason given by the learned Mr. Mkumbe (A_dv.) for not authenticating this will is -that the actual author of it did not testify in court. I have compard in terms of the same section 75 (1) of the Evidence Act 1967 the signature of Irenei Ivor Ngowi in the will EX1ilBIT P3 and his signature in EXHIBIT A (II) which was·produced by the objectors themselves ie. by bw.l FURAHA SILOMBA and I have found that they are quite similar and r_easonable in every aspect of . - them. I am satisfied the author of both documents is IRENEI IVOR NGOWI. So, I believe the applicants story that before the deceased died the said IRENEI IVOR NGOWI returned to Moshi from-Botswana where he lives and works and met the deceased before the deceased died. Also the two documents in EXHIBIT P3 (will) and EXHIBIT AeII were authored by him for he is fo. of.writing in capital letters as both are written that way though one is typed EXHIBIT A.II and the other •.• /5

• 5 - manuscripted EXHIBIT P3. cannot But-still, this CO\U'_~?ce:p. .. he EXHIBIT, P3 as the will of the deceased because its author did.not come to testify in court so as ··: that .. . to satisfy the co~~-he-,correctly took down _;ectly what. the deceased . : 1 1 I told him. Moreove_r, _without his testimony he• contents of the will become hearsay because. the deceed made them to the author himself . ·.' ) I 'I alone who didn 1 t come to testify on them so,; that they· can qualify to be admitted by the court even after the death of the deceased under 1: ' . . Secion 34 (f) of the Evidence Act 1967. The pral evidence of PW.3 lj I . MELICTORI FAIYA MOSHI that he heard when the·ij deceased made ·the oral 1., !, will to the said IRENEI IVOR __ NGOWI and that;! ne d/:\¼· ... c.>n' so the said I, IRENE! IVOR NOOWI brought EXHIBIT P3 for th,e dceased to sign ·cannot I I I I, vary the contents of the will itself which tates in wri.ting·that v the said MELKIORI FAIYA MOSHI witnessed th', 1 sikning only (imetiwa 'I . sahihi mbele ya 1. IRENE IVOR NGOWI, 2. MEiIKJ'.ORI MUSHI)fl .If the·same ,· !1 : 2 witnesses had witnessed the prono.u:n.cement of the will content and !i I if hey had been read over to him at the tme}c,f signing them then !i' 'I they should have written in the will itself (Imetamkwa, kusomewa na 'I kutiwa sahihi mbele ya: lo Irenei Ivor· Ngqwi ~ .2., Melikiori Mushi). I' !, Therefore, on the first issue drawn I :I hold that· the late Dr. FELIX NAKARA NGOWI left no wi_lL_at all. S~,;-- he died. intestate as I ,I ' explained herein bove. Als hew~ intesable due to his poor health. '! ' . Moreover, the produced wil;l in EXHIBIT.P3 though signed earlier on I • I' ,I 19/7/98, hardly a month aftex- he arrived at KCMC from Mbeyai, does not · 1,' '! bear his signature une his proper signatur'e which he signed later •I . :1 on 6/9/98 (exactly just one month before h¢ died on 6/10/98) ih li 1, EXHIBIT Re8 CJ.) when he wrote to the Principal Secretary to the . ··.:" • .'I J 1: Treasury for a remission of import duty on his Nissan Laurel Saloon. ·, . ,, ,ii Furthermore, it has not been proved that h_e made the will at all due to the absence of the testimony of the author of the will one IRENEI IVOR NGOWI who is in Botswana. Again, the will was wrongly ••• /6

~ 6 - kept in the custody of the bequeathee PW.1 herself and it was wrongly attested and witnessed by both his own close or family relatives. ,, For _these reasons, inter alia, as explained in detail above all the contents of the purported will in EXI_IIBIT P3, shall not be used by this court in determining this cause and bbjections thereof. The second issue drawn was that if the deceased died intestate, as indeed I have held so hereinabove, who are-the.proper persons who should be appointed administ_rators of the estate of the deceased? In this trial there has been many proposals. -e formal proposal is the. essence of this very application made by th& 1st applicant and the second Applicant to be appointed administrators. The caveats and objections raised by·the respondents in this application oppose their appointments. Objectors have been joined in their opposition in having DR. MARY FELIX NGOWI and GERVAS IVOR NGOWI appointed administrators of the estate of th_e deceased by even the mother of the deceased who testified as w.3 CRESIANA FOCUS NGOWI. The objections and opposition of the objectors and their witness DWo3 which comes from the very co-parents DW.1 and DW.2 of the 1st applicant PW.l with the deceased in respect of the 4 issues of the de-~~sd i.e. FRANK, UPENDO, KENNETH and DEUSDENT is so -strong that this court hereby refrains from endorsing the clan meeting's resolut.ions and minutes and . from appointing the two applicants DR. MARY FELIX NGOWI arid GERVAS IVOR NOOWI as administrators. On the other hand,the applicant~ side as presented by the applicants themselves and as supported by PW.3 MELIICTORI FAIYA MUSHI and PW.5 SIMON MODEST KIMATI all of whom are close relatives of the deceased as brother in law and unple or nephew of the deceased are also so opposed to the other side of the objectors that I decline and the worlt appoint any of the following as administrators:- L two co-parents •• • w:! of the deceased AGNES SIMPASA, FORA.HA SILOMBA or CRESIANA FOCUS NGOWI of this estate~ ••• /7

The other name suggested for being appointed Administrator is HONEST NAKARA NOOWI who testified as PWQ4 and is the last born brother of the deceased to their common mother DW.3 CRESIANA FOCUS NOOWI and their late common NA.KARA (FOCUS as baptized just before he,;died) NGOWI. When asked by this court why he was not considerd ,and proposed as the administrator in their clan meeting of 14/10/98 he replied that he doesn't know why he was left out in favour of DR. MARY FELIX NOOWI and GERVAS IVOR NGOWI wo is a mere cousin of the deceased born from the elder brother of their father °IVOR NGOWI who is the real brother of I IRENEI IVOR NGOWI. DWQ3 suggested him as a pbssible administrator as well as DW.2 AGNES SIMPASA. But, it is alleged that at one time he came to Mbozi and stayed with the DW.l for 2 weeks,without going to visit the 1st applicant and her issues of the deceased KENETH and DEUSDEDIT which if true means ' that he was not being neutral in his relationship with the disputants in this application and objections._ On the other hand, he testified as a witness for the applicants as PW.4, Also in the reply to the final 1, ' written.submissions the learned Mr. Materu (Adv.) has submitted that .. if the applicants are. not appointed administr.ators he has no objection ultimately to\haVf;) him- appointed as an adminitrator. The court • ' . ' ' will decide in the course of this judgement if.he can be assie4 any administratox's role at all at the end bf the day~ The third ·ctrawn issue is what is the estate itself! This is a simple question to answer for the adv~rsary parties have helped each other through their accusations of each ·to' reveal most of the estate of the deceased.- · Also the court broker 'Mr. J. Ao Kandpnga. . , .. through his account of the properties have assisted to establish some o.f the pr'?perties of the deceased. The properties of the deceased consist mainly of the following: !• Fixed Assets:- (i) Plot No• 86 -Block K Vwawa MBZ/1634 valued at Shs • • • ./8 .•. .

• 8 - 3,500s000/= (matrimonial home of DR. MARY FELIX NGOWI. (ii) Plot No. 88 Block K Vwawa M 163.Rented to ADP Mbozi• valued at Shs.800,000/=. (iii) Plot Noo P7 Block K Mbozi MBZ/1974 undeveloped plot ' with bricks, stones and sand.· Valued at ·shs.500,000/=. (iv) Plot-No., 5 Block B Vwawa currently rented as a dispensary valued at Shs.4,500,000/= (Bought jointly by the d0ceased and DR. MARY FELIX NGOWI) • No.,')0 (v) Kiosat the Market valued at Shs.600,000/= rentc:d to Mbara. (vi) Kiosk No. 18 at the Football stadium (unvalued}. (vii) Kiosk at the second hand clothes market - valued at.Shs., 600,000/=• (viii) (ix) (x) (xi) Kiosk at the standi valued at Shs.520,000/=• Coffee/banana .f ar.m . at Isagu. Farm Plot at COSATA Ax.ea -KCMC Moshi Jlfrunicipality. Mrawi Village The Farm at [ in which the deceased was buried. • Movable Assets (Motor .vehicles):- (i) Land Cruiser MI3 4413 vaied at Shs4,500,ooo/=. ( ii) Isuzu lorry TZA 6806. ·valued at 4, Oba, 000/=• (iii) Isuzu lorry MB 4865 valued at Shs.6,000,000/=• .. (iv) Motor vehicle Hiace M1ni-bus TZK 1416 valued at Shso3,500~000/=• (v) Motor vehicle Saloon TZH 5004 valued Shs.1,950,000/=• (vi) Motor Cycle Honda 110. £• Business projects: ( i) Mbozi Kimondo En_terprises Co. Ltd. a registered business venture of the deceased. (ii) Pharmacy Shop - at Mbozi valued at Shs.1,382,000/= (as per court brokers inventory of 3]/8/99). (iii) Agricultural imputs Shop valued at Shs.2,242,000/= (as per court broker's inventory on 31/8/99) • ••• /9

9 - (iv) Red copper about 13 tons under loan agreement betweh Kimondo Enterprises Co. Ltd. and .APEMAC (Agrcultural Pesticides Manufacturers Co. Ltd.) valtieciat Shs.25, 000, 000/=-as per -Exhibit R.l which 1 ac·cept as the· authentic quantity and value of the red coppero .£• Bank Accounts - Cash deposits :/ (i) . A/C Noc, 802/62. CeReD.B. (1996) Ltd. Mbeya Branch (ii) '1 • Cash Shsol,184,795/85 as per court broker's account on 28/6/1999. ·11 11 NMB - Mbozi (National Micro,;Finance hank) Cash Shso 2,308,368.60 as on 26th January, 1999. ii !l• Other movable household effects: 11 (i) As per list of the joint Counter-affidavit of . (ii) (iii) (iv) Ii 1 1 • DR. MARY FELIX NGOWI and SIMON KIMATI in paras I 15(1) - (5) and 16 (1) - (30) which 1 I accept as authentic dated 2/8/99. 1, • if 'i As per list of the affidavit of CRESIANA FOCUS NGOWI 'i para 10·(1) - (28) which I accept~ partly authentic as raised or modified byi th~ counter · .. affidavit of DR. MARY FELIX NGOWI kid'' SIMON KIMATI · II . which had no reply affidavit thereof in further II II :1 opposition or explanation. J,( As per list of the court broker iri para 2 (A) " • 'I • (i) - (vi) as uncovered or left out from both Ii ., lists of the affidavit of CRESIANA FOCUS· NGOWI and . if ,i DR. MARY FELIX NGOWI and SIMON MODEST KIMATI above if 11 mentioned,, 'i II 1 Pistol, which is deposited with te ,police. ·1 'I The fourth issu0 drawn was who were th wife/wives of the I • deceased? 'I :I 1) .. ,.,: This is one of the issues-which caused ~,a_ 1'ot of contention from i both sides in respect of whether the two objectors were also wives of the deceased. The 1st applicant has won·ithe proclamation and exlamation of everybody from the clan meetingup to the objectors who and all the witnesses L testified;_in court that she was a wife of • •• /10 ''

10 - . the.deceased as backed up by hr own marriage certificate in EXHIBIT P.l. I hold that'·'she was th lawful wife of the deceased from 1988 11th June, when they got married by' civil marriage under Certificate of Marriage ,, No. E DO 48o68o. They lived togeth,er in full matrimonial consort until the deceased died. · As for the 1st objector AGNES SIMPASA who testified as DW.2 and FURAHA SILOMBA who estified as DW.1-they have contended to be wives of the deceased who got ·married by customary rites with betrothal payment and followd by bride price and the ultimate living together as husband and wife which marriage relationship bore fruits of one issue each with the deceased being FRANK FELIX. NGOWI born on 1/1)/86 by FUR.AHA SIIDMBA and UPENDO FELIX NGOWI born inl988.'by AGNES SIMPJ\SA., They have _been supported by their mother in law DW.3 who testified to have known the·· two as wives of his late son and that they ,were int.reduced to and recognized by the Ngowi clan as such with FURAHA ... SIU:>MBA as the first. wif~,.AGNES SIMPASA as the 2nd wife and DR. MARY . . . : . FELIX NGOWI as the 3rd .wifeo• In their customar;i marie the two their joint affidavit in support of . have objectors L stated in para 2 that Shs.80,000/= was pa.id as dowry to tq parents of FlJRAHJI. SILOMBA in February, }986 although they .had lied together since June, 1985 and that dowry of Shs.4o,000/= was paid to the parents of AGNES SIMPASA in _ July, 1987. that Under customary marriages it is mostly accepted: L the offer and acceptance of the betrothal payment works as an engagement and the · offer and acceptance of dowry works as a solemnization of a marriage. We have the suitor 1 s only word -of the objectors themselves unbacked up by any (mshenga) emisaryL who talces the marriage proposal to the parents'. of the bride and the bridegroom alike8 Marriage ceremonies follow even taken under cusyom.ary marriages which are not clearly shown to havl.place when. None of the r-e-oe:i.J.Cer of the dowry have come up to testify payer or to file an affidavit to that effect and the dowry L himelf is o • e/11

11 - ' \I 1i I If. 't 4/ V 8 ,1,,. h ... } i, . dead. Both the clan {lleeting pf 1 10 9 r,,uJ.<C .,if .1 1 referred in as, wives 1: '/ . EXHIBIT P2 to then'!Land he t.estimony of DW .. 3 and f'•t support the stance of the objectors that they were recognized·llas /wives of the . I .1.1 , Ii deceased. Both DW.3 and PWc4 lived in Moshi and only occasionally came to Mbozie. Even the clan meeting consisted Jlrely of Moshi • • • • • ✓ // ii residents who didn't live inMbozi,. The person who !Qived in Mbozi : .. ,.. '! .11 •• , I I DW.5 didn't support the version that the deceased ma'.rried the objectors 1 1/. ;i L/ :/ but that the deceased treated them as merly co-parTnts. i I ·. '1 The sequence of both sides testimonies show,th(t the first applicant was the last to come into the matrimonial' world of the If. ! deceased. FURAfIA SILOMBA was the· first to live 1 with the deceased ;/ i/ in the,,same government quarter from 1995. By 1996 //he paid the dowry I/ I for her thereby customarily 1'.larried her, allegedlyJ A customary ~ I . . m, arriage is potentially polygamous and allows the husband to marry · ii :1 . a 2nd.wife etc. That is what happened in 1987 harly one year for the deceased .started living with the AGNES SIMPASA /(ftilr allegdly paying · · if I/ dowry to,. her parentso One year later in June l:988 the deceased lt i'I married by civil marriage which. was now no lonJerja· polygamous . b t . 1 1 lit t:. d . th . marriage u a monogamous marriage as c ear y f a 1 , e in e marriage certificate EX.Tf.rBIT P.{ that the kind of marrike:lwas monogamouso The, in the marriage certificate . i/ signature of the deceased 1 I hold is his genuin~ one when compared with . le. If ;1 .. the other authentic signatures of his in EXHifilT4DF.l A, Band C and R.8 (1) etc. . ~ 1 1 Both DWel·and DW 0 2 agree that they stoppd Jiving with the d d . th t . . - , h d h j/ t 1 ) d h 1 h ecease in e same ma rimonic:w. orne an . e ren, e ouses e sew ere . . have !/ i/ in town. Actually DW.2 seems to;oU;sted DW.l n :he first government t.,_ !/ II q uarter. from where DW.,l was contractively 11 eJd.ckd" to give room for . . ~ ij DW.2. This happened according to DW.l I s tes 1 ,imny when she went , I 1! . . 11 .1 to Kigoma for a long years clinical cours€. J/By/)1998 the DW.2 too . II I was ousted by PWel.. According to PW.4•s testim<>ny the deceased and . jl ;/ . . ii •· DW.2 quarrelled such that the deceased moved;/ DW~2 ·from their 11 • l/ : I/ 1: •• 1./lg

12 matrimonial home to another rented houseo The renting of the house for them eLsewhere didn't mean that they were still living as a husband and jlife for both of them had a child each with the deceased a

which legally bound him to maintain the child withL ·shelte.r and full maintainanceo He could have rented the· houses for his children to live in with their mothers. Later on both of them even moved away from in .Mlowo Vwawa for their residenceLas well.as in Isoko in Ileje District where they were employed as clinical officer for DW.l and as accountant for DW02·. The deceased effctively lived by his monognous marriage laws by staying permanently. with PWol until he died. The issue of being married or not being married· as a wife is a legal issue which must satisfy the tenets, of a lawful marriage. By declaring that he was marrying DR. MARY FELBC NGOWI in a,Monogamous marriage the deceased meant that he had ditched both the'purported 1st wife and.2nd wife and permanetly intended to·have only one lawful wife PWolo The same DW.l and DW,2 made their. own mistakes by not pressing upon the deceased for the solemnization df their own marriages by registering· ·them They failed to object to the deceased marrying PW.l or perhaps / :·.: he 'cheated that he was married to PW.,l customarily too which was not the caseo The marriage· of the purporteq customary marriages decease~,to.PW.l superceded any · objectors he_ h~ wi~. the L DW.l and DW.2o They failed to petition the courts for the declaration and avoidance of the monogamous marriage as null and void against their polygamous vtmarriagesn just as much as they failed to get certificates registering their marriages as being polygamous., I pity_ the objectors for having been left in the·matrimonial lurch by the deceased· by 1988 for they were no longer his legal wives if they had been so previously customarily which has not been sufficiently proved either,for lack any other should have _ . ofLwitnesses whoLtestified about their alleged marriages to the·" deceased besides their·own words of mouths which is quite 'unreliable . • oo/13

-.:. 13 - If I and incrediblec> • .. ,'I° i'i •, . No doubt they were stll recognized ,ias 1;' co-parents ':! • • ' lj with the deceased and since their issues ,were· born ftomitheseed of . ii I' the deceased while the deceased was yet to get mono§bdhsly-married I . !) i'i . their children are not issues of any adulterous relationship at all Q i . : 1 1 i'1 . • and they are quite legi t:μnate _children who have been recogm.zd as such by both the deceased and the clan meeting of J4/~~98. ·. ii. f: .. Otherwise. I hold on this issue drawn that the said AGNES Sil'1PA.SA and . (/ 11 FURllliA SILOMBA were not lawful wives of the deceased at the time he ~ I' ' . , ii 11 1 ::::e:a:: DR. MARY FELIX NGOWI in 1988 until hi d1 1 ?ed in 1998 ten Th . 5th. d h th b _.f' J .is/.nh ·t f e issue :rawn was w o are . · e ene 1c1ar1e 1 eri ors o the estate? Due to the finding of this court in ·./Ith~/ above 4th issues ir Ii _· now I hold with certainty that the lawful ·benefitiafies of the 11 :1 ' d'eceased are the follqwing:- f t A. The widow of· the deceased Mrso DR. MlillYi FELIX NGOWI; ,r § • ,r/ B. The lf!Other of the deceased Mrs. CRESI/1.NJ\ FOCUS NGOWI• c. The children of the deceased:~ // , • !!. i (1) DEUSDEDIT FELIX NGOWI (6 years old) 1 11 i' (2) ( 4) KENETH FELIX NGOWI (8 years) PENDO FELIX NGOWI (11 years) FRANK FELIXNGOWI (13 years) GRACE FELIX·NGOWI (24 years). ! / l II .. i As far a,; GRACE FELIX NGOWI is concerned/ there is not as yet a . . If' :1 clearly established maternal parent~~e by het irl this record for the· '-'O f !/ . 1/ r'I same child of the deceased has been covered in the affidavits of . ' ii ·:i' · : · · II 1 1 MRS. DR., MARY FELIX NGOWI (PWol); CRESIANA EOCUS NGOWI (DW.3) and ·~ Ii Lucy NA~.iffiA NGOWI. The.surviving brother of tie deceased HONEST NAKARA if ' i'/ NGOWI (PWo 4) touched nothing in his evidence o,'f his nephew - GRACE _ 'I i1 FELIX NI. . But, I am satisfied that the /,ae,~ased recognized her ,i/ ,'/ as his first daughter who is now of above mature age at 24 years who / i! · .,t I is. already married in Shinyanga/Mwanza Region1. So far she has not 1/ 11 I' 1_i ••• /14 :r 1,

14 - turned up for the funeral of her own father DR. FELIX NAKARA NGOWI she day butLwill oneLdo soo She is entitled to a share in the estate of the deceased her father~ The 6th issue for determination is what should each proper beneficiary inherit from the estate? Since the parties to this cause are opposed to havin~ any administrator from the other quarter and the slightly agreeable possible administrator HONEST NAKJIRA NGOWI e is a rural and peasant novice in this estate and won't be able to manage its distribution who lives in Moshi with the estate largely this situated in Mbozi it is the view of court that it is for the best L entirely interests of all the parties to the suit if the L known estate is distributed to the beneficiaries so that each one knows exactly what his/her estate in t~e estate has been equethed to her/him. The duty to distribute the estate to each entitled beneficiary lies with the court as may be assisted by the administrator. The widow of the deceased MRS_. DRo f,/1ARY FELIX NGOWI has two typs of entitlement into the estate of the deceased. For those matrimonial ·properties which she assisted in acquiring them as a working wife of the deceased who consorted him in all matters at all time and even in assistedLrunning the busihess she shall be given some spe'cial matrimonial sharehold in the srune for those properties which are · jointly during - clearly identifiable as having been acquired L the existence of their valid marriage. The widow in her counter-affidavit of 2nd/8/99 para 5 as follows:- averred "5• That the property now in issue in this probate and· Administration Cause was acquired jointly between Dr. Felix Ngowi and Dro Mary Felix Ngowi during the period of over 10 .. years of the subsishmce of their marriage .. ' The 1st and the 2nd applicants have not at any time lived o • o/15

15 - and acqui'red any property with the deceased. n The referred applicants were actually the objectors to this cause who are DW.l FURAI-IA SILOMBA and DW.2 AGNES SIMPASAo In the reply of the objectors of 2/8/99 ther~ was no specific statement to the contrary other than the general denial remniscent in all counter or,reply affidavits. in Nevertheless, this cout will be carefulLdistributing any of her share matrimonial property where she really deserves it. The distribution of the estate of the deceased is hereby made as .·: :. follows:- A. Fixed Assets: (i) . .. House on Plot No. 86 Block K Vwawa MBz/1634. This. house was built during the subsistence of their marriage. : .. ,. ,, -· -: : .i .. ·-.. . . '.. :1 At the time they got m[ll'ried they lived ;ii.n a government ' ., quarter from which they contructively eiicted DW.2 : )1 ' AGNES SIMPASA. Later on they built this house and moved . :1 " into it. They stayed in it until they got transferred . r ' to Mbeya in 1997.therefore making it their permanent property and matrimonial home. Half its value therefore I is distructed to MRS. MARY FELIX NGOWI as,. her 1/ 1, matrimonial share. The other ¼ share , 1 of the deceased husband is ,'.distributed to her eldest son KENETH FELIX NGOWI. ( ii) Plot No. 88 Dlock K Vwawa M 163 rented.' to' ADP Mbozi. · This house and Plot is distributed to ,FRANK FELIX NGOWI. (iii) Plot No. 87 Block K MB?/1974 undeveloped· plot with bricks, stones and sand is distributed \dth all its I co·tents i.,e. bricks, stones and sand ·ta ~1)() FELIX NGOWI. (iv) Plot No. 5 Block B ·vwawa currently rented as a dispensary is a matrimonial_ property 1 be_cause it was jointly bough{·. in 1996. by tJ1e deceased and Dr. Mary .... /16

FELIX NOOWI as averre1 in her counter-affidavit of 2/8/99 in para 1 (e) in these wods,- I quote· it verbatim:- ii( e) Plot No. 5 Block B Vwawa (No 7 in-the list of affidavit of property)~ It is rerited and currently perates as Mbaya and_Family Dispensary. _It was jointly b6ught by the deceased and the ist Applicant Dr.,,Mary Felix Ngowi in 1996." So, ~ of the matrimonial share in it is distributed to DR •. Mi\RY FELIX NGOWI and the other ¼ share of the . . deceased is distributed to the youngest son DEUSDEDIT FELIX NGOWI., (v) Kiosk.No., 50 at the Market rented to Mbara is distributed to UPENDO FELIX NGOWie (vi) Kiosk No .. 18 at the Football Staa.iurn:is distributed to CRESIANA FOCUS NGOWI 0 (vii) Kiosk at the second hand clothes market is granted to 9Il''10N MODEST KIMATI as a set off for his valuable management _of all the business.ventures ,• '. from the time the deceasd died q'n' 6/10/98 until now •. (viii) Kiosk at the stand is distributed to GRACE EELIX NGOWI. (ix) Coffee/banana Farm at Is~'---M~zi is distributed jointly to FRANK fELIX NOOWI, UPENDO FELIX NGOWI . Any and CRESIANA FOCUS NGOWI. L 6ne or two of them are allowed with consent of the others to buy

• off the other bequeathed share at equ.al acreage. i., e., ~ each. ( one third each) •.

17 'i '1 11 'i ·/1 ( x) The Farm Plot at cosr~TA area KCM __ c Moshi ils .11 II -.-,.. I II distributed to MRS-.. DR. MARY FELIX NGOWIJ :1 . . . :1 1 1 / 11 I, (xi) The Decea,sed1s inherited farm at Mrawi vd.ll 1 age . Moshi where he was buried·. is distributJd, :~xcept _

• .. ii :I for the burial area space which shall be retained . · for the /f - ,,'/ as clan burial F1lace L de~,cendats an)/ tie close relatives of the-deceased DRo FELIX NAJ NGOWI, to . I 1 FELIX NGOWI, DEUSDEDIT· FELIX N,WI //and GRACE. FELIX NGOWI at equal acreage i.e. ~ each witl ail right for ·.,.:: . . 11 11 -->·" . . ; I • 11ovabl:n::::o ::::m v::i:::B: f the otl rh consent, All of them from the testimony of PW.5 were 1 /lbou .. ght as foll.Q.W4J: ' i/ !, Hiace TZK 1416 was bought. in November,; l~~ Lorry MB 4865 was bought in 1996 I' /I I // Land Cruiser MB 4413 ~as pought in September/October ii I[ - 19W. In the same year 1997 was bought 'a salogn . ~ ~ :::to:::l~::d:z:l: ~:::tn1: ::::io This period falls within the ·active role of the Dn. f"llillY FELIX .. tl . h ' l .;/ i . Join y WJ. t.. .oer late 1usband. 1 f · · · NGOWI in acquiring these assets L This po 1 5.nt will be taken int~ such '/// I' ... _ .. account concerning _ L contribution made t it~~,- 1st applicant :=::gh:::: ::•::::l:-d1rion of these motor (1) Mot~r vehicle Land Cruiser MB 44i3 L ~l distributed to DR. MARY FELIX NOOWI ¼ of wh;i.ch/lis,/her own . - t ,1 -- matrimonial share and the. other ¼ shate of the late: If 11 her husband which she inher.its fro'fn t as part of her estate -/,. I· own beciueath al L to :her. / . ii I 1/ (2) I Lo T '7A LOr.L It ii. l,d .
• suzu rry LU1. oovo. was ecqμ~ during the ( ·!i . 'f 1/ ,'/ .. I. i/ 1.I ••• /18 I ,: I, I 'i I,

.. . .· 18 subsistence of the marriage into which the 1st applicant retains a matrimonial interest which is combined with her own (DRe MARY FELIX NOOWI) share in it at¼ of its ·value. The other¼ goes to her elder son KENETH FELIX NGOWI._ ·(:3) The other .lorry Isur;u MB li-865 is distributed as in other B (2) above with theL.half going to the youngest son DEUSDEDIT FELIX NGOWI• . (4) Motor Vehicle Riace Mini Bus TZK 141£ is distribute~ to FRANK FELIX NOOWia ·(5) Motor vehicle Saloon TZK 5004 is distributed to UPENDO FELIX NGOWI~ (6) Motor Cycle Honda 110 is distributed jointly to CRESIANA · FOCUS NOOWI and GRACE fTi'...A,IX NGOWI. Ce_ Business.Project~ (i) The Agricultural imputs shop is distributed joj,ntly to the Widow DR. Mil.RY FELI_X NOOWI_ 1 KENETH.FELIX NGOWI, DEUSDEDIT FELIX NOOWT. and GRACE FELIX_~GOWI at an equal share of the value of the goods at Shs.2,242,000/= ,(as on 31/8/99). Any ·- . ~ can buy su:ch bequeathed part Loff the rest or some of them. (ii) The Human Medicine Store is distribl,lted to· CRESIANA FOCUS I100WI 1 FRANK FELIX NGOWI and UPENDO FELIX NOOWI v.alued by the Court Broke);' . ····· .. at Shs.l ,3.82.,000/= as on 31/8/99., (iii) The Mbozi Kimondo Enterprisci. Co. Ltd •. ean be retained as it is for any of the beneficiariee ••• /19

• 19 ,. doing business being free to use it as his, own · , • I: . . . ~ \ business name provided he.renews the licen9Els, etc. ' ·{¥' ·. ·, (iv) Red· copper valued at Shs.25,000,000/=. ; The same .. . . ~ ·-~~tate shall be distributed equally· aim}ng: all the 7·beneficiaries after the other reliefs -'herein- -- 11 below have beeri· disbursed fully to _the grantees of .:: ' is court thereof as will be explained herein- below. Bank Acou.n ts: (i) ,, Account No. 802/62 CRDB(1996) Ltd. to be -retained • • . 11 I by th·E(Receiver for satisfying the neds salaries and terminal benefits, entitlements anted by thi :! I court in- this Cause and any other reriefs' category etc. to be analysed hereinbelow. :,· I (ii). NMI3 Mbozi (National Microfinance Bank of Mbozi Branch) . I' i· ,, • 1'1 TShs.2,308,368/60 to be distributed 'equ'ally among the Ir : 7 beneficiaries with immediately -f£:ec 1 at ~ of it each. account,, The Receiver shall operate this L :i ,'ito execute this to 1: holding and _thereafterz:close it. 1,l I Other Movable household effects .are distributed as hereunder:-, I , at !, . (1) Two small coaches which areL'\1wenge.-f1at~imonial house . ,, of PW.land the deceased one is distributed to FRANK ,; I 1 1 FELIX NGOWI the other goes to UPENDO FELIX NGOWI each with its cushion. i, (2) Big bed 6' x 6° with its mattress it is distributed to FRANK FELIX NGOWI. (3) Bookshelf with Russian Books it relha.ins with MRS. DR. MARY FELIX NGOWie (4) One bed (defective) 6 1 x 4 1 with {ts,mattress it ••• /20··

• 20 - · goes to UPENDO FELIX NGOWI. (5) Coffee table with two stools CRESIANA FOCUS NGOWI,. goes to (6) imother Coffee table without any stools - it goes to GRiWE FELIX NGOWI. " Bio gass and accessories it goes to the widow for use in the house i.e. MRS. Mf-i.RY FELIX NGOWI. (8) Basin, 2 plastic buckets,:. 4- plastic bow.ls, 2 plastic plates, 4 plastic cups, 2 table spoons aluminium cooking pots (old ones) of different All these are distributed in a lump to CRESIANA FELI.X N GOWL, ( 9) Chareoal StoV e: it goes to MRSo. MfillY FELIX NGOWI. (10) 4 bed E?hee;bs each to go to DEUSDEDIT F'I!l.IX NOOWI 1 KENETH FELIX NGOWI, UPENDO Fμ.JX NGCWI and FRANK FELIX NGOWI. (li) The 3 bla."lcket.~ will. be taken by MRSo MARY NGOWT~ CRESIANA NGOWI-and GRACE NOOWI. (12) Radio National it goes to the widow Mrs. Mary Ngowie (13) 8 Office.Chairs each of the 7 beneficiaries to take one chair except for MRS.. DR.. MARY NGOWI who will take 2 office cairs. (14) Water-pipe to go to MRS. DR. MARY NGOWie · (15) Washing machine to remain with MRS DRe W~Y FELIX . ·,.i '• NGOWI. (16) 20 crates of Soda with Mbara they are distributed to all 7 beneficiaries each one getting 2 items - o oo/21

..;. 21 - Deusdedit Felix Ngow:i. shall talce only ·2 crates. (17) 24 crates of beer again 1 they go to all the 7 beneficiaries equally ie. getting 2¼ crates of beer - from Mr., Mbara., The smallest figure shall go to Grace Felix Ngowi, Keneth Ngowi ·and Cresiana Focus Ngowi. (18) Dining table with its 8 dinning chairs all are distributed to MRS. DR. Iv'iARY FELIX NGOWI. (19) 3 tables each go to FRANK FELIX GOWI, UPENDO FELIX NGOWI and KENETH FELIX NGOWI. (20) 1 set of coaches big coach goes to ,the mother big MRS. MARY FELIX _NGOWI thelpiece and the 2 pieces go to her two children each getting one small coach i.e. Keneth and Deusdedit, (21) Player with 2 loud speakers to remain with MRS. J'vl.ARY FELIX NGOWI., (22) Book shelve are knowledge/academic books upkeep The most educated beneficiary li_ere is Mrs. Dr. Mary Ngowi. She shall keep it as her property. Mrs. MJlRY FELIX NGOWI so far has not a likrg share of the ,. properties distributed above because there are mostly matrimonial properties which could as well have been distributed to her alone 0 (23) The pistol kept at the police shall be sold and proceeds thereof be divided equally between the 7 beneficiaries. the Anyone of the beneficiaries is givenLfirs~ preference to buy it if she/he gets the permit. 0 ~ ./22

• 22 The last issue d::·aw:1 was what are the other reliefs which can be granted by the court. There a.re 5(ca.tegories of associates of the deceased a.d his estate who the court is hereby with granting -them .:· some benefits from the estate because they were . . ·L dependent on it in the deceased own benevolence which if cut off suddenly \d1.l suffer harm and bias against their rights to renumera- · tion or maintainanceo These dependants a.re the following: Ao · SIMON MODESTI KIMATI who has been running the entire business show of the deceased while he was working at Mbeya while transferred there and even after he died until today. May . salary sinceL1995 when he grant him the Kioski Plot Since he was not paid any joined the deceased I hereby at the second-hand clothes as well as ·Capital Mon.ey for him to fend for himself now onwards at Shso3,000,000/= frm the 25m./= of Red copper proce..eds to be paid to him by the Receiver. B. The second one·is GERVAS IVOR NOOWI all his efforts to be appointed co-administrator have been fruitless due to the above given reason. Otherwise, he has suffered considerably in the p:ursuit of this application including him being dismissed from. his employment in Dar es Salaam while he was attending this case in this court as summonedo He shall be paid an honorarium of Shse30,000/= per month from January 1999 when he opened up this -,ne application jointly with. the widow for L year at Shso360,000/= total from the same Red copper proceeds. Ca The Half brothers and sisters of the deceased from the 2nd step mother whom the deceased had been taken deceased care by t},1e L as his dependants., These are GtJSSELA. NP.KARA NGOWI, ESTHER NAKARA NGOWI and PONSIANO NAKl',RA MOSHI .... /23

.... 23 - all of them are still in school. I grant them right to be paid school fees in advance to enable them to finalize their studies as follows: (i) GUSSELA NAKfillA NGOWI who is a For!!) III Mwakaleli Secondary School is granted Shs.500,000/= for finishing up his Form IV~ (ii) ESTHER NAKARA NGOWI who is a Form I Old Moshi is granted 750 1 000/= for finishing up Secondary , School up to Form IV o (iii) PONSIANO NAKARA NGOWI who has.·. just finished Standard VII is granted Shs900000/= for him assistingLin his Secondary Scho~,l or training such as with VETAo Total Shs.2,150,000/~ which shall be taken from the Red Copper:Money. (iv) The other one is the Court bl:'oker J • A. Kandonga. He shall continue to help t~:e Receiver whose previous appointm·ent is sustained until 'she finalize the duties impoed upon her in this other:reliefs paras inter alia. He shall continue being paid renumerati~n as ruled in my · previous order., of' 20/8/99 outside Mbeya (including aJ1y oui;side Mbeya Municipa]J being paid ¼ per diem for i. work done Lcharged to CoR.D.B, account. (v) ~'he last group of dependants 1s the workers who used to run the business of the deceased until now as explained by the widow in her statement of accounts of the estate of the deceased •. They have to accept the reality that their employing Master, the deceased is no longer there to continue their employment and that the businesses of the deceased ••• /24

.i•"' .. ,, •• l 24 · - have ceased to exist as they were,its assets having been bequeathed to the beneficiaries. If anythingl:.-thY:._-:5hould enter into new employment agreement with the new beneficiaries of the estate of the deceased if they still will continue running their businesses as before. For the employment they had with the deceased, with this distribution of the estate of the deceased, it has the effect of terminating their employment services from todayc The Receiver of the remainder estate which is .the Red Copper proceeds and the.cash deposit in the CRDB Mbeya Account as assis- ted by the court broker shail pay them their terminal benefits as assisted in calculating them by District Labour Officer, Mbozi or Mbeya if they · on can not agree by-consantLa formular of payment of their terminal benefits. It is the remainder proceeds of the Red Copper which will revert to the estate for distribution to the 7 beneficiaries-as explained hereinabovee (vi) Ther.e is one other aspect worth mentiond.ng here. That is in relation to. the unsold Red Copper if any so fare The same, to avoi9- expiring, shall be distributed equally to the 7 beneficiaries before the same red copper expires to each of whom it shall remain under her/his own respective custody and ay loss·thereofo -(vii) For the distributed estate which goes to the minor beneficiaries, their ownership and custody of the bequeathed properties are herein invested in their guardians and next friends for their benefit and .... /25 ,.

,..l _..;. 25 - for their direct ownership and custody when ., they reach the age of majority or until they open their own personal bank accounts in case of cash estate benefits: ,, L. FUR/JI.A SILOMBA his mother is hereby appointed the guardian ·and next friend of FRANK FELIX NGOWI (13 years) for whom the same FURfJii. SILOMB.A as guardian and I I ·I · next friend (shall protect and keep safely • •• I ·the ownership and custody of all the above bequeathed L estate and!ianY other accruing thereof in trust and for the benefit of the said ,I .., FRANK FELIX NGOWI. , 1 2. AGNES SIMPASA her mother is μereby appointed ii ·• r, the guardian and next ,Friend of UPENOO FELIX NGOWI (11 years) for Vfhom the same AGr\TES • 1, SIMPASJ. as guardian and next friend shall ,,I I - 'I • ,, protect and.keep Sfely the ownership and I custody of all the· above bequeathed estate and any.other accing thereof in trust and for • • I' 'I the benefit of the' said UPENDO FELIX NGOWia l MRS. DR. MARY FELDc NGOWI their mother is ' ' hereby appointed the guardian and next friend of KENET"tl FELIX N~+ (8 years) and DEITSDEDIT FELIX NGOWI (6 years) for whom the sai-ne MRS. DR .. Mf.l.RY FELIX NGOWI as Guardian and Next Friend shall protect and keep safely the ownership and custody of all the-· above ·bequeathed estate and any other accruing thereof in trust and for the benefit of

26 - the said KENETH FELIX NGOWI and DEUSDEDIT FELIX NGOWI •. 4. As regards the beneficiary GRACE FELIX NGOWI who has:not yet turned up even to attend the funeral and pay customary hommage to the late her father and to his estates bequeathed to her I appoint·HONEST NAKARA NGOWI and CRESIANA FOCUS NGOWI as the joint administrators of the estate bequeathed to GRACE_FELIX,NGOWI in relation to properties other_ than.money. As for her due .cash estate bequeathed to her the same shall continue being kept by the receiver under the :, . . c.ReDoB. bank Account who shall operate until the same beneficiary turn up to collect it from . the Receiver with her two above appointed joint administrators as her witnesses and counter-checkers and protectors of it. Othewise, this long and tedious cause conclusively is now L dealt with by this court as explained above. The Reeiver; the court broker, the joint administrators and the beneficiaries themselves are'free to return to this court at any time for assistane and executing this judgement and decr'ee in any manner including making payment to the beneficiaries through this court if there arises any problem in any direct execution of the bequeathed estate to the beneficiaries etc A big estate with a large number of beneficiaries attracts ..greater problems than small estates and few beneficiaries in

Z1 - adjudicating over it as it has hapened in this cause. · Both tl}e application and objections are partly both allowed and partly both dismissed as I explained above Each party to bear her/his own cos'ts except for the two advocates' costs which shall not exceed Shs.1,000,000/= for each advocate which I hereby allow at an equal rate to be fill:d and truced by the Tax Master and charged on the same estate from the Red Copper proceeds to be met by the Receiver. The advocates have done commdable job to expose honestly the true·· state of this estate. I better clarify that any advocates• bill in ·excess of the maximum limit of Sbs.'1, 000, 000/= for each; advocate granted hereinabove . 'i shall be charged on the party himself/herself who engaged that advocate. 6. The execu.tion of this , judgement and any remainder estate of the deceased which will be uncovered or discovered later after today iShall fall under the management and administration of the Receiver Mrs. Dr. Mary Ngowi assisted by the Court Broker Mr. J.-A. Kandonga both of whom shall he treated as the joint receivers and tmporary administrators-of the same estate. They shall distribute such newly discovered I or uncovered estate equally to the 7 beneficiaries less their costs of investigation and following ~t up and managing and administering it. Such future estate envisaged is like the deceased's employment benefits ;or having died while on duty as the DVO of Mbozi District6 They shall follow it up to the •• ·.;28

15/12/99

• 28 - relevant authorities.and on getting it they shall . . distribute it to the same above 7 beneficiaries . 1 at the·same formula of - to each beneficiary less.the 7 lawful expenses incurred thereof. ", JUDGE l-?/12/1999 Mwipopo, J. 2 ApplicqUts: 1st Applicant Mary.Ngowi - Present in person. 2nd Applicant: Gervas. Ngowi. - Present in person Mr• Materu, Advocate for Appli~ants ._ Present 2 Objectors: 1st objector, Agnes Simpasa is sick and therefore Absent.• ,. 2nd objector, Furaha Silomba - Present ~• Mkumbe, Advocate for objectors - Present in person

1. Simon Kimati - Present in person 2.. Cresiana. Focus Ngowi - Present in person B/c. Mrs. Kasubiri COURT: Judgement delivered in the presence of both parties. Right of ppeal explained. This judgement was to be delivered yesterday but could not be delivered for it was not ready and the parties were .so informed by the District Registrar the learned Mr. Karua (Ag. D.R.). in Cresiana Ngowi is' not fluentjliswahili. So - Her interpreter is bought to do interpretation of the judgement for her. FRANK MUSHI: f'Jephew of Cresiana Focus Ngo1:d 1 . 25 years, .... /29 .

29 - Kanisa Street Sokomatola area Mbeya Municipal, Businessman, Christiano He is sworn as an interpreter. is COURT: Instructs him to interprete the judgement as iteeing read over to the parties and doing the interpretatione t public• L. K. MWIPOPO JUDGE 15/12/1999 ,, He continues