RELATIVES of Arushabased prominent mineral dealer, Jubilate Ulomi, who died at Aga Khan Nairobi Hospital recently, have asked the High Court to dismiss the application by deceased wife, Zainabu Rashid, who opposes her brother-in-law to administer the estate of the departed husband.
Zainabu and deceased son, Julius Jubilate, have filed an application, seeking orders to set aside the order for temporarily granting authority to businessman Werandumi Ulomi to administer the estate of his deceased brother.
In his written submissions filed before the court, Engineer Joseph Ngiloi from Makoa Attorneys, who is representing the deceased family members in the matter, told Judge Patricia Fikirini that the application in question was misconceived, bad in law and incurably defective and wrongly titled.
He stated that the application is bad in law and incompetent before the court for being brought under wrong citation of the enabling law and was misconceived for being prematurely filed.
The advocate submitted further that the affidavit supporting the application was incurably defective.
Expounding further, the seasoned lawyer was of the view that it is the trite law that a party moving the court has to cite the proper law for proper adjudication of the matter before it.
In the case in hand, he stated, the applicants have cited a wrong provision which does to warrant the court to hear the matter.
According to him, the applicants could not even specify the year of the law cited and even worse the law that has been cited as the basis for the court to determine the application does not exist in the statute books of Tanzania.
Revisiting the affidavit in support of the application, Eng Ngiloi observed that the applicants were moving the court to annul the temporary order given by the High Court on claims that it was procured under fraud.
“If it is true that fraud was used to obtain the said order as alleged, then the proper citation ought to be section 49 (1) (b) of the Probate and Administration of Estates Act and Rule 29 (1) (2) of Probate Rules.
Apparently, the cited is Rule 14 (1) and (2) of the Probate Rules, which is wrong,” he stated.
As regard to the wrong attestation, the advocate noted that it contains a sworn affidavit of Zainabu, who is a Muslim, and was supported to affirm and not to swear, unless she has a baptism certificate indicating that she adopted such name as a Christian.
He told the court also that the application has been prematurely filed because the order sought to be set aside was given under pendente lite, meaning that pending or awaiting the litigation, having considering a number of factors and reasons advanced at the time.
“The deceased Jubilate Ulomi was having an ongoing business of mining at Mirerani which is heavily funded and a lot of employees need to support the families by getting the monthly earnings.
The issues (children) left behind and spelt in the will are still at school,” the advocate submitted.
He told the court further that Julius, who is deceased son, is a college student who has absconded classes and moving around hopelessly breaking into the estates of his father in collaboration with his step mother (Zainabu), looting and selling mining accessories to strangers. The court has given the applicants to file their response submissions in seven days’ time.
Last month, Judge Patricia Fikirini granted an application for letters of administration presented by the advocate ahead of finalisation of Probate and Administration Cause to be determined later.
She pointed out that the probate and administration application was yet to be granted and the chance that it would be granted in the near future was farfetched.
To leave the deceased’s businesses unattended, she said, might lead to unnecessarily waste or damage to the properties involved.