Legal wrangles over Mengi's estate take a new turn
What you need to know:
- With the current decision, now the court will hear the review application filed by Jacqueline and her sons on a date to be fixed by the registrar of the court.
Dar es Salaam. The widow of media tycoon Reginald Mengi has won another obstacle in her efforts to fight for the control of the deceased’s estate after the Court of Appeal dismissed objections filed by the estate administrators.
Jacqueline Ntuyabaliwe Mengi and her two children -- Jaden Kihoza Mengi and Ryan Saashisha Mengi -- filed a review application in the Court of Appeal, against a High Court decision annulling Mengi’s will which excluded other children from the inheritance.
However, the trustees of the estate, Abdiel Reginald Mengi (son of Mengi from the first wife) and Benjamin Abraham Mengi (brother to Mengi), attempted to block the application from being heard.
Shortly after Jacqueline filed the application, the trustees asked the court to dismiss it on the grounds that they had been unlawfully filed.
They claimed that the applicants should have appealed and not submitted a review application and that they had not attached necessary documents.
However, the court rejected the arguments, agreeing to hear the application for review.
Following the verdict, Abdiel filed again an application, asking the court to reconsider and reverse its decision and dismiss Jacqueline and her sons’ review application.
In its latest decision this week, the Court of Appeal rejected all the arguments of Abdiel and Benjamin.
With the current decision, now the court will hear the review application filed by Jacqueline and her sons on a date to be fixed by the registrar of the court.
The court will determine the legitimacy of Mengi’s will and the legitimacy of Abdiel and Benjamin to be the trustees of the estate of the late Mengi.
Jacqueline and her sons will now be required to convince the Court of Appeal why it should overturn the High Court ruling that nullified the will of Mengi (the late).
In 2019, the High Court in Dar es Salaam appointed Abdiel and Benjamin trustees of the estate after they objected the legitimacy of “will” of the late Mengi that suggested other names as the trustees.
In the High Court decision handed down on May 18, 2021, Judge Yose Mlyambina agreed with Abdiel’s objection and directed that the deceased’s estate be distributed to the heirs without the will.
Jacqueline then filed the application for review of the High Court decision, asking the Court of Appeal to review the verdict and eventually reverse it.