THE dispute surrounding death of Arusha-based prominent mineral dealer, Jubilate Ulomi, who died in Nairobi early this year has taken a new turn, following a move by deceased’s young brother to take the matter to the Court of Appeal for further adjudication.
Through his Advocate, Engineer Joseph Ngiloi, the deceased’s brother, Mr Werandumi Ulomi, has lodged a notice of appeal to the Appeals Court with a view of opposing the ruling passed by the High Court on May 13, 2019 by Judge, Dr Fauz Twaib.
“Take note that the appellant, Werandumi Ulomi being dissatisfied with the decision of his Lordship Twaib delivered on May 13, 2019 at the High Court, Moshi District Registry intends to appeal to the Court of Appeal of Tanzania against the whole decision,” read part of the notice of appeal.
Engineer Ngiloi from Makoa Attorneys has also applied to be supplied with the typed copy of the proceedings and the ruling impugned in question to enable him to prepare the record of appeal for the appeal process.
In the contested ruling, Judge Twaib appointed three persons, including the appellant, as joint provisional administrators of estates of the deceased, who died at Aga Khan Nairobi Hospital in January 2019. Other appointees are Julius Jubilate, the deceased son.
The third person also appointed is the highly disputed wife of the deceased, Zainabu Rashid. Dr Twaib pointed out that the appointment of the trio was limited to the “collection and preservation of the estates.
Nothing should be done pursuant to these letters without the written consent of all of them.”
He observed that there was no dispute the deceased left behind an estate that includes a Tanzanite mine at Mererani, a house also at the same area, which comprised an office from which the mining activities are carried out, and a residential house as well as a commercial property at Arusha.
Referring to the submissions by the advocate, the judge also noted that the deceased left behind two infant children, who are still attending school and an older one who is, or supposed to be still in College.
Dr Fauz said that the parties were in agreement that the three children have a right to inherit their late father’s estate and, thus, a right to be provided with their necessities in life from the proceeds of the estate.
“The facts just highlighted are evidence that show that the properties have to be administered by someone, somehow.
The possibility of loss and damage to the properties and moveable properties therein mean that things cannot be left completely unattended,” the judge said.
According to him, the three children needed financial assistance and the source of that assistance is their father’s estate.
For the time being, he said, rentals from the commercial property are the ones assured source of income for them, thus, someone has to take care of that aspect as well.
Engineer Ngiloi is on record accounting that the deceased had been sick since July 2018 initially admitted at Kilimanjaro Christian Medical Centre (KCMC), Moshi before being airlifted to Aga Khan University Hospital where he later succumbed on his illness on January 15, 2019.
He explained that the deceased body was brought back on January 16, 2019 and laid to rest on February 2, 2019.
The advocate further submits that the deceased has ongoing mining business at Mirerani which has several employees, and also has left behind three children, who are at school and need care.