Mombasa businessman barred from interfering with Sh10m land dispute

Thursday, October 29th, 2020 09:48 |

A Mombasa businessman has been barred from interfering with a disputed land worth over Sh 10 million belonging to Shamsa Abdulrahman Bin Miran.

Principal Magistrate Anne Lesootia restrained Jeylani Omari Abu from building, staying or interfering with the property property belongings Bin Miran pending hearing and determination of the case.

"Temporary injunction is issued restraining Abu whether acting by themselves, servants, agents or any person acting on their account from interfering, trespassing, encroaching carrying out groundwork's, building constructing, staying or interfering in anyway with Bi Miran property on title Number MSA/XV1/166 pending hearing and determination of the case", ordered Magistrate Lesootia.

The Court also ordered Makupa Police Station the officer commanding Station (OCS) and the officer commanding division do ensure compliance with the above order pending hearing and determination of the case.

This is after Bin Miran sued Abu, her nephew, niece,Mohamed Adam and Mombasa senator Mohamed Faki for defrauding her the land.

According to court papers the senator who is also a lawyer is accused of knowingly being involved in the fraud by transferring non existent title of the ownership to Adam and subsequent to Abu.

"The Senator as an advocate perpetrated fraud and continue to deal the property by undertaking fraudulent transfers even after representing Asha Miran, Mohamed Miran, Bahram Miran and Mohamed Adam in the succession suit thereby becoming a direct primary party to the of the deceased," reads the court documents

Documents filed in court showed that Shamsha Abdulrahman Bin Miran is the sole surviving daughter of Abdulahman Miran, who died on March 16, 1976 leaving behind a will that was registered in court.

Pursuant to the will, and a succession case, Shamsha was named the beneficiary of the estate, including the land in Mombasa.

She said in 2011, her nephew and niece, Asha Abdalla Abdulrahman Miran and Mohamed Abdalla respectively, moved to the High Court in Mombasa, alleging Miran died without a will and that they were the only surviving heirs to the estate.

They also purported to distribute Miran’s other properties among themselves.

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.

The property was transferred to their names but Bin Milan wrote to the police to investigate the forgeries of the death certificate.

When she discovered the move, Shamsha moved to court seeking to quash the grant and in August 2015, the High Court issued an order restraining the two from wasting or disposing the property.

The parties later 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 Sh10 million.

Last year, Adam through the help of the Mombasa Senator allegedly transferred the property to Abu.

Shamsha said she had filed a complaint of forgery before the Makupa Police station way back in 2015 but no action has been taken for the past five years.

She later lodged a caveat with the Chief Land’s registrar, while the case was pending in court.

Shamsha is seeking a permanent injunction, barring them from laying claim on the property and for the court to declare them trespassers.

She also wants the court to restore the property to the estate of Miran and she be compensated for damages. This was after the new owners demolished a building on the property and started new construction.

“The defendants have since refused to vacate from the property, albeit incessant pleas for negotiations and demands and notice of intention to sue continue to waste my land,” she said in an affidavit.

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