The fight over a multi-million-shilling property in Mombasa county pitting a woman and her two relatives, has taken a new twist after, a businessman received a court order to vacate from the land, situated along Tom Mboya Avenue.
Principal Magistrate Albert Lesootia directed officers at Makupa Police Station to oversee the removal of Jeylani Omari Abu, the businessman claiming to have purchased the land. The court further asked the police to stop any more construction, pending determination of a case lodged by Shamsha Abdulrahman Bin Miran.
Details of filed documents
Documents filed in court showed Ms Shamsha is the sole surviving daughter of Abdulahman Miran, who died on March 16, 1976. Mr Miran left a will which was registered in court in 1977. Pursuant to the will, and a succession case, Ms Shamsha was named the beneficiary of her father’s estate, including the land in contention.
But in 2011, Ms Shamsha said her nephew and niece, Asha Abdalla Abdulrahman Miran and Mohamed Abdalla, moved to the High Court in Mombasa, alleging Mr Miran died without a will. The two claimed they were the only surviving heirs to the estate, after which they were granted letters of administration. They then purported to distribute Mr Miran’s other properties to themselves.
Restraining orders
They also filed a death certificate to support the grant of letters to administer the estate in March 2012. The grant was confirmed on November 1, 2012, stipulating the modality of sharing the property. When she discovered the move, Ms Shamsha moved to court seeking to quash the grant and in August 2015, the High Court issued an order restraining the two from disposing of the property. Ms Shamsha said she wrote to the police to investigate the forgery of the death certificate.
The parties recorded a consent in court in October 2018, revoking the grant on the grounds that it was procured through fraud and concealment of facts. The property in contention was later transferred to Mohamed Adam for Sh 10m.
Last year, Mr Adam allegedly transferred the property to Mr Abu, who demolished some buildings on the plot and began new construction. Ms Shamsha said she filed a complaint of forgery at the Makupa Police Station in 2015 but action is yet to be taken. She is seeking a permanent injunction, barring the defendants from laying claim to the property and wants the court to declare them trespassers
She also wants the court to restore the property to the estate of Miran and to be compensated for damages. This was after the new owners demolished a building on the property and started new construction.
