F. Y. I. Cousin Dr. Patrik Nilsson, recall the attached further below correspondence.
Kaka/Cousin Dr. Deoatious T.J. Mashitaki and Cousin Dr. Nilsson. The new disturbing orders and down right disrespectful demands at our home, of what we should do or not do at our home, and kinds of ways that have no respect to us whatsoever, are invoking a very darker side that we thought was laid to rest. It's an old wound that is keeping on getting reopened unnecessarily. For what? We don't really understand the motives, but this now, Dr.
We would like for you all to really come to the senses on what you are pursuing and how far you have gotten. Your extremely biased approach of Our Grandparents and parents "Will" is setting yet another dangerous precedent. It's really not looking good, it is further decimating the already badly ruined relationships. We are, myself, are very much terrified but the Lord is our shepherd thru this level of hate and disregard of us, Valerian Family and our home.
We're very much pleading to you all, Fellow Balthazar Grand Kids, who are much older than us all, to really sit down and grasp what your actions and lack of actions, which occur blindly or actively, are not helping the existing situations at all.
Our questions are Do we really have to come to this? Do we have to repeat about how we are invaded and disrespected at our home? Do we have to remind all of you how we belong at our home? If so, all of us Grandparents kids, we should ask ourselves how so we belong to our home? None of you are Grandparents or their children, we all got what we got from our parents. Do we really need to go there? Are we willing to go there? Do we understand how we got there? Do we know how to get out of there once we are in there? Do we even know who is pushing us to go there? Is that our wishful wishes to get there? Do we know what we are going to get or lose by getting there?
We are pushed by you all actively or inactive blindly or openly, actions and in-actions conveniently accepting or doing the invention at our home in the name of it's grandparents place. Well, our grandparents are not current legal occupants of our home. Just as they are not current legal occupants of their other lands that happen to now be your homes, but somehow you are using grandparents to invade only Valerian Family's home in the name of grandparents. Aren't you? We are there just as you all are at your place that once belonged to our grandparents. You never see us come dictating what you should or shouldn't do there. What makes you think it's okay for to do as such to us at our home? Ask yourselves.
No further discussions on the emails.
Stay blessed.
Pendo (on behalf of Valerian Family).
CC: Valerian Family.
This message is private and confidential. Not to be displayed, published or used for any purpose and or without this sender's permission to do so. This message is for just simple communication between these two parties, sender and receiver ony. If you have received it in error, please notify the sender and remove it from your system a.s.a.p.
-------- Original message --------
From: Patrik Nilsson <patrik@.se>
Date: 5/23/2014 9:04 AM (GMT-05:00)
To: "Mr. D.J. Masao" <despendo@hotmail.com>, Novati Innocent <innova@.com>
Subject: Re: Regarding Pateni etc
Hi Pendo and Innocent,
Thanks for your input. I will then write the following in order to keep it "short" (as short as possible) and without distracting information - is this okay guys?:
Regarding the issue of the Pateni Plot:
The Pateni Plot has been in the Valerian family's possession since the 17th of January 1981 when grandfather Balthazar passed away. On the 28th of December 1992 the building of the water tank was initiated on the Pateni Plot. The fact that an object or a structure (like a water tank) is built upon a certain piece of land does not change the ownership of that piece of land. Hence, there was no change in ownership of the land when the water tank was built on the Pateni Plot (no matter who financed the water tank).
Florentina claims that she was given the Pateni Plot by her father on the 17th of January 1981. In order for this transfer of ownership to take place Florentina would have to claim the land within an expiration time of 12 years - this is especially important since Florentina was living in Sweden at the time and thereby she did not use or have access to the land. Since she did not claim the land during the expiration time this would mean that her right to the Pateni Plot expired on the 17th of January 1993 (according to British law which is the basis for Tanzanian law). The expiration time for unclaimed land is 12 years for unregistered land, which the Pateni Plot is. In some international law the expiration time is 20 years for unregistered land, which would mean that her potential rights expired on the 17th of January 2001.
In December 1992 when I last visited M'nini both Florentina and Valerian stated that the Pateni Plot was Valerian's land and that the water tank was to be built on his land. This means that Florentina had not claimed the land and that the Pateni plot was Valerian's. It was not until recently (after both Valerian and Marsellian has passed away) that Florentina claimed that the Pateni Plot was hers, which means that her right to claim the land has expired many years ago.
In December 1992 I was also shown where Florentina's land was located and that land is the Bustani Farm. Florentina did not mention anything at that time about that our side of the family would be owners of the Pateni Plot.
In sum, it is undoubtedly so that Florentina does not own the Pateni Plot. Furthermore, even if she was given the Pateni Plot by her father Balthazar as she claims, the land will still be Valerian's since her right to the land expired on the 17th of January 1993 (or at the latest 17th of January 2001) when the right to claim the land expired. Both Valerian and Florentina stated that the Pateni Plot was Valerian's land in December 1992 and it is not until recently that she has claimed this land. Florentina's claims of the Pateni Plot should have been done before the dates mentioned here above - claims after these dates are invalid. Since Valerian has passed away the Pateni Plot is the property of the wife and children of the late Valerian and no one else.
If you think that this text is okay I will send it to all. By the way, could you perhaps provide me with a list of people that you think should get this email.
Regards,
Patrik
Mr. D.J. Masao skrev 2014-05-23 02:34:
Hi to you too Patrik and family.
We are doing just fine. Likewise, we are embarrassed by what is transpiring but we have to face the actual facts of life as they are. We are living in a very taboo driven culture with very secretive operatives that cannot speak the truth as we know or guide the truth as it should be. You are one courageous man. I indeed believe that you are "Simba" for sure. Im so sympathetic to you because if it was my mother I dont know what I would have precisely done or feel. I can only imagine. Luckily, we were born with big and humble hearts and our ancestors' life style can attest this genealogy in us. You or us were made with the gene that desires to address conflicts and avoid contentions.
However, thank you for your prompt emails and guidance. I have the following input:
First; the water tank situation to our end, it was built by Uncle Ludovic Shangarai's bricks that were supposed to be paid by Auntie in the Agreement beween uncle Ludovic Shangarai with Auntie mediated by Father Valerian and Bibi Manyaki. He was never paid and in Baba Valerian Funeral meeting he abandoned the pay back request we, Valerian Family, made because he said the Tank is in good use and he understood our financial constraint at a time and did not want to revisit again the empty promises he receive for years. I or any of our cousins can link you with him if you want so that you can cross examine these facts.
Also, some laborors and the mason person constructed it were barely paid and it took years to finance them and the tank. My brother Inno, cousin Remmy and I (laborers) did hard labour to built the water tank and were never paid because our father always complained and one day in the meeting that my father called with Bibi Manyaki and Auntie when she came to visit, auntie dismissed all my father's claims of auntie to fund the water tank and Auntie said the tank was Valerian’s and she was not assisting with something she is never going to benefit from. There is where the issue/idea of community water tank ended and Tank was finalized by our family with our hard earned money and hard labor. She may have paid for its foundation, but that does not give her its ownership rights. I'm telling you we picked stones and sand from the river just to cut its construction costs. Auntie came and left numerous times, year in and out she never paid the masons and its labor charges and at the end Bibi Bertha and our Parents picked the tab of paying the masons ( Balthaza Masengeru and his son) and other involved laborers.
Us as laborers, we were left hung dry and we had thought that could be our pocket money for boarding school. No complains we had to do what we did. But she cannot claim that she built it, not with what transpired. We have no amnesia, she need to know that for fact.
Uncle Ludovic can testy this claim because his bricks were never reimbursed as agreed by auntie. Ask and villagers have seen us picking up sand and stones from the river.
Second; Water tank was solemnly used by Valerian Family until when I came to Tanzania December 2013 I gave Tedo/Marselian Family a branch in agreement with Bernadin to fill it with water. Auntie came and left, lived in Tanzania since 2001she never took such action to give branch to them, if the tank and land were hers why she didn't implement such plan from the 1990s?
She knew way too well that was going to hit a huge road block from my Father and it was not a brainer. I know so because of what our Father endured and the pain he felt from financial distress he encountered from building that water tank and the Mnini Primary school Student's desks tender/project. He was promised tenders that left him financially dry. He spend all his savings, resources and borrowed to implement project that he was never compensated.
A lot happened that are inside these families and to throw empty words won't fix a thing. Of all, Auntie should have known better that the vacuum left by our fathers does not erase the history. History can speak louder than my words. Since its construction 1990' to 2013 Mareselian Family or anyone for that matter were never given branch from the tank. Facts. I just did it last year 2013.
By all means I'm not dismissing your claim that you and cousin Protusi did help with the water tank. I'm just speaking to our end and help to connect the dots. It looks like there is a disconnection from your end to our end.
We never made it a big deal because we build the tank and we own it, although it was never a financial priority to us at that time. Contention is when Auntie waited until all her siblings have passed and actually wanting to demolish it knowing its history and her position on it all along. It is to antagonize us in all aspects and I warned her very early on to stop such a bad and contentious plan.
Third; regarding to Pateni Plot, we never received any order or were informed that Auntie was given the Pateni Plot. We know of Bustani Farm and no one is questioning that.
Fourth; Auntie or Bernadin cannot and will not decide who belong at our home. They are crossing the boundaries because they have no jurisdiction at our home whatsoever.
Fifth; we dont want Auntie or Bernadin or anyone to bring us negativity at our home. We sure never and are not going to anyone's home to cause any problem.
Sixth and lastly; I understand her anger and feeling wanting to attack and or destroy me completely. I can take live with thus truth. To do the right thing is in my gene, regardless of how much she want to paint me otherwise, as bad guy. It did not start today and most likely it will not stop tomorrow. I lived it all along.
Place a call to Bernadin and his siblings ask them if im bad person and how? Also, ask them how then now, 2013, received a branch from the water tank and why all along they never had a branch? Ask all of them why? If they can give you a concrete answer then cross examine with mine. Ask auntie why whenever she came since 1990s she stood by while the tank she claimed to build for all was never used by all as she wished? Why? These are just fair questions. They can reveal the hidden truth of why we are where we are. We are very open and we hide nothing from the truth. Some may not want it, but that's how we were raised and we believe in truth.
This message is private and confidential. Not to be displayed, published or used for any purpose other than this simple communication between two parties. If you have received it in error, please notify the sender and remove it from your system. God's great, Be blessed.-------- Original message --------
From: Patrik Nilsson
Date:05/22/2014 3:15 PM (GMT-05:00)
To: "Mr. D.J. Masao" ,Novati Innocent
Subject: Regarding Pateni etc
Hi Pendo and Innocent,
I hope that you're doing fine. As you may have seen my mother has lost it completly. I have talked to her, written to her and skyped with her over the last few months and in the beginning of May I thought that it would be possible to come to a solution (that was the time when I asked you not to write anything to her). However, the only thing that drives her is to have conflicts with other people. She has conflicts with people here in Sweden, in Tanzania and in the US and it is rather embarassing to have a mother who is behaving and writing such bad things to people, and especially to relatives.
Anyhow, as I promised I have gone through current legislation related to the claims that my mother has made in regards to the Pateni Plot. In addition I can also tell you what I know about the Pateni Plot:
In December 1992 we visited Tanzania (my mother, little Patrick Masawe, my brother Protus and I) and we stayed together with your parents in your house, as you perhaps remember. During that stay we were talking a lot about the Pateni Plot because of the "water tank project".
On the 28th of December 1992 your father Valerian and my mother started building the water tank on Pateni Plot. Pateni Plot was undoubtedly Valerian's property at that time and that was what both Valerian and my mother told me. The water tank that was built on the Pateni Plot was for the most part financed by my mother but also by me and my brother Protus (we pitched in). The building of the water tank was completed in january 1993.
International law, European law and Tanzanian law (which is based on British law) all states that building an object or structure (like a water tank) on a piece of land does not in any way make the land where the structure is built upon the property of the owner of the structure. Hence, my mother can in no way make any claims on the Pateni Plot based upon the fact that she financed the water tank. However, my mother's intention in 1992-1993 was to provide water to everybody living close by the water tank (to Valerian's family and to Marsellian's family etc). So in case the water tank is still there and if it is working I would suggest that the water should continue to serve these families and other people living there.
Even if we assume that grand father Balthazar gave my mother the Pateni Plot (which she claims) on the 17th of january 1981 (that's when our grandfather passed away), the Pateni Plot will still not be hers. The reason for this is that you have to actively "take possession" of land that has been given or transferred to you, which my mother never did with the Pateni Plot. My mother states that it was Bibi Bertha's wish to not build, claim or do anything with the Pateni Plot. No matter the reason, my mother had 20 years to claim the land counting from 17th of January 1981, which is 17th of January 2001. In 1992-1993 my mother stated that the land was Valerian's and I guess that my mom didn't say anything about the Pateni Plot in the time between 1993 - 17th January 2001 since then Valerian (and Marsellian) was still alive. Hence, my mother lost her right to the Pateni Plot on the 17th of January 2001 even if the land had been given to her.
So the legal conclusion is that the Pateni Plot is the property of the wife, sons and daughters of Valerian and no one else.
What I have written here is from a legal point of view.
Pendo and Innocent, do you have any comments to what I have written here? If you have any comments please write them down and send them to me. Otherwise I will make a revised text based on this and send it to everyone so that they know who is the rightful and legal owner of the Pateni Plot. It is really fortunate that this conflict was about the Pateni Plot since that is the only piece of land that I happen to know something about!
Regards,
Patrik
--
Patrik Nilsson, PhD
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