The late Reginald Mengi and his wife Jacqueline Ntuyabaliwe Mengi. FILE
Dar es Salaam. The High Court Integrated Justice Center (family related cases) has nullified the agreement between the executors of the estates of the late businessman Reginald Mengi and those of the properties left by his ex-wife, the late Mercy Anna Mengi, regarding the distribution of assets left by Mengi.
The court's decision was presented by Judge Ilvin Mugeta following the request of review of a case number 01 of 2022 filed by Mengi's widow, Jacqueline Ntuyabaliwe Mengi and her twin children - Jayden Kihoza Mengi and Ryan Saashisha Mengi, represented by lawyer Audax Vedasto Kahendaguza.
Following the decision, Jacqueline (Mengi’s widow) filed an application for review with the Court of Appeal, seeking to review and overturn the High Court's decision to set aside her husband's will, which had handed her all the tycoon’s property.
They were opposing the agreement of the executors of Mengi's properties, Abdiel Reginald Mengi and Benjamini Abraham Mengi; and Abdiel and Regina Reginald Mengi, executors of the estate of their mother, Mercy Anna Mengi.
Read: Jacqueline Mengi surprised to hear that Mengi was mentally unwell
In the agreement of November 11, 2021, they agreed to transfer more than Sh1.23 billion from the property left by the late Mengi to the his ex-wife’s properties, as Mengi's expenses to take care of his divorcee while alive.
They also agreed to transfer 50 percent of Mengi's property to Mercy's property claiming that it was a couple's property that deserved to be divided equally between the two.
These include properties that remained in the possession of the late Mengi after he shared with his divorcee and several properties that had been classified as marital properties after the divorce, of which Jacquline and her children are among the heirs.
Mengi and Mercy divorced on March 13, 2015, with an agreement out of court following a marriage (divorce) case filed by Mengi in Kinondoni District Court, on February 17, 2015.
It was on the same day, the agreement was registered as court order and the decree of divorce was passed and several assets that were listed as assets of the couple were shared between the two.
They also agreed to share the remaining assets of the couple, on or before June 15, 2015, on the condition that Mercy will be entitled to no more than 35 percent of the assets of the couple.
However, until June 15, 2015, they had not submitted the final agreement, and thus the matter remained unresolved until November 21, 2018, when the news of Mercy's death and later of Mengi's death, May 10, 2019.
Then on November 11, when the executors from two sides, entered the agreement, which was also registered as court order, opposed by Jacqueline.
Judge Mugeta in his decision agreed with the arguments of lawyer Kahendaguza that the agreement made by the both executors of the estate was invalid.
He said that according to the sixth article of the divorce agreement, it sets a mandatory condition for the parties to reach an agreement on the undivided assets of the couple that were listed and those that would be determined on or before June 15, 2015.
He said that until June 15, 2015, the parties had not submitted any agreement regarding the assets and that failure to do so closed the case and the Kinondoni Court had no authority to continue with the proceedings.
“So I decide that the custody or agreement of November 11, 2021 followed by the agreement document submitted by the claimants as executors of the estate of the late Reginald Mengi and Mercy Anna Mengi is invalid." said Judge Mugeta.
He added: I reverse the situation that caused its existence to be dismissed as invalid.
Judge Mugeta has mentioned the assets that were listed but had not been divided as including a 50.8 acre farm in USA-River area, Arumeru district, a 6 acre farm located in Weruweru area, Hai district.
Others are 315,500 shares in Bonite Bottlers Limited, 752,500 shares in IPP Limited and four shares in The Guardian Limited.
So he has ordered that those properties remain in the inheritance of Mengi according to the law.
During the hearing of the case, the debtors were represented by lawyers Deogratias Ringia and Nakazael Lukio Tenga.
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