as widow wins back Sh2bn house

A widow whose husband was shot dead in the middle
of an eight-year battle to repossess their
The mansion that was at the centre of the court battle
involving the family of the late Onesphory Kituly versus
businessmen Alex Massawe and Aboubakar Marijani.
PHOTO | FILE

Dar es Salaam. A widow whose husband was
shot dead in the middle of an eight-year battle
to repossess their nearly Sh2 billion worth
city plot and mansion had a reason to wipe
out her tears when a court granted her the
right to the property. Ms Mary Kituly, 44,
was declared the rightful owner of the
property in the upmarket Mikocheni estate in
Dar es Salaam by the High Court (Land
Division), in a judgement that saw her break
into loud sobs and a torrent of tears inside the
court.

The woman endured eight years of agony,
frustration and setbacks after her family was
mercilessly thrown out their home in 2007 by
well-known Dar es Salaam businessmen Alex
Massawe and Aboubakar Marijani alias Papaa
Msofe.

The eviction, which defence lawyers described
during the hearing of the case as “most brutal
and highest form of disrespect of the law”
crushed the lives of the family, whose head
Onesphory Kituly was then an emerging
Tanzanite dealer. The family thereafter lived
a miserable life, spending their savings and
time to seek a return of their valuable
investment in court.

Ms Kituly says the murder of her husband in
November 2011 was the darkest moment of
her entire life and almost drove her into
insanity as she was left alone to fend for the
family and at the same time pursue
unfinished business in court where she was
contesting against some of Dar’s monied
wheeler-dealers.

Msofe and a court broker, Makongoro
Nyerere, would later be linked with the
shooting to death of Kituly and were
arraigned in court in August 2012 to face
murder charges. The case was, however,
dropped in June 2015 by the Director of
Public Prosecution (DPP) for lack of progress
in investigations. The suspects were however
re-arrested and charged with forging and
falsifying records to take ownership of the
Kituly’s plot and mansion. Last week when
the forgery case concluded, Ms Kituly wept
uncontrollably inside the courtroom soon
after it became clear she would be winning
the case. She cried throughout the reading of
the judgement by Justice Agathon Nchimbi of
the Land Division.

“This is the greatest day of my life. Indeed I
thank God for this. I have been coming to
court with my late husband for years to seek
justice. Although Kituly is dead, I am sure his
prayers have worked for us,” she said amid
sobs. “I have suffered a lot. The people I have
been fighting against are so powerful and
well-connected in our systems.”

Judge Nchimbi in his judgement said the title
deed of the storeyed house, which Mr Kituly
had pledged as security for a loan he received
from Massawe did not automatically pass to
another holder even if the borrower failed to
repay the loan.

He said the law was not followed before the
title deed was passed to another person. “I am
firm that the title deed was not validly passed
from Mr Kituly to Massawe,” said the judge.
The judge went on to state that the eviction of
the Kituly’s was unlawful and most
unfortunate because it was conducted without
any court order and without involving a local
government authority.

“For the end of justice, the defendants’ act
over the suit property is hereby declared
unlawful and illegal. The plaintiff (Ms Kituly)
is declared the lawful owner of the property
(in dispute),” said the judge.

The judge directed the accused to immediately
return the tittle deed to the widow and that
his family be restored in the house in seven
days which ends today.

Judge Nchimbi also ordered the them to pay
the widow Sh300 million in general damages
that should attract a 12 per cent interest from
the date of the judgment until final payment.
The miserable life of the plaintiff and her
family can be traced back in December 2003
when her