Jacqueline Mengi suffers legal setback in inheritance row

Dar es Salaam. Widow of billionaire Reginald Mengi has suffered a new legal setback after the Court of Appeal struck out her application that sought to set aside court orders that nullified her late husband’s last Will.

The court has sided with Dr Mengi’s older children that the affidavits filed by Jacqueline Mengi and her lawyer Audax Kahendaguza in support of the application were defective.

On May 18, 2021, High Court Judge Yose Mlyambina nullified a last will allegedly written by Mengi over failure to meet legal requirements of a valid will.

The self-made media mogul and philanthropist died on May 2, 2019 in Dubai, The United Arab Emirates where he was receiving treatment.

Soon after his death, a legal battle over inheritance of his wealth ensured after four people including relatives of Mr Mengi filed a lawsuit seeking to be nominated by the High Court as administrators of the mogul’s estate.

Mengi’s eldest children and Mengi’s brother challenged the legitimacy of the will, arguing that their late father had no capacity to draw the purported will since he was facing serious health issues since 2016.

It was their further contention that the will locked the deceased’s elder children out of inheritance without regard to Chagga traditions or involving relatives.

According to them, the will was not sealed and the signature on it was different from the usual signature of their late father. Also, it was not witnessed by any of the deceased’s relative or wife, they argued.

Jacqueline protested the High Court decision to nullify the will and filed an application in the Court of Appeal last year, asking the top court to call for and examine proceedings and the judgment that nullified invalidated Dr Mengi’s will.

Three Justices of appeal, Rehema Mkuye, P Kente and Panterine Kihwelo said in their recent decision that they were satisfied that the affidavits were defective for not containing irrelevant matter.

They also said the affidavits contained verifications which do not disclose the source of information.

“In the event, the defects render the application to incompetent and, hence we accordingly strike it out,” said the justices.

A lawyer defending the respondents Roman Masumbuko argued in court that the affidavits of Jacqueline Mengi and his lawyer Audax Kahendaguza were defective because their verification clauses do not show which information was from their own knowledge and the one from other sources.

“Once information is in the affidavit, which is a substitute to evidence, the verification clause must state clearly the source of the information,” argued Mr Masumbuko.

Regarding the affidavit of Jacqueline Mengi, Mr Masumbuko argued that the sources of information from Gasper Nyika and Kahendaguze who averred to have advised the deponent were not stated in the verification clause instead the deponent has shown that all information was from her own personal knowledge.

Jacqueline filed the application along with her two twin children Jayden Kihoza Mengi and Ryan Saashisha Mengi.

Respondents were Abdiel Reginald Mengi, Benjamin Abraham Mengi, Benson Menjamin Mengi, William Onesmo Mushi, Zoeb Hassuji and Sylvia Novatus Mushi.