Mombasa brothers fight for Sh2.5b property

Beneficiaries of the estate of a Mombasa tycoon who died 40 years ago were ordered to appear in court after they disagreed on how to share his wealth.

The court ordered dependents of Swaleh Nguru to appear before it for oral presentation of their evidence.

The order was made by High Court Judge Maureen Odera on September 11, 2014.

The tycoon's youngest son, Omar Saleh, had sued his elder brother, Awadh Said, for allegedly holding on to his father's will and meddling with the assets despite a court order restraining him not to do so.

Lawyers in the case estimate that the assets in dispute could be worth Sh2.5 billion. The properties include land, companies and bank accounts.

Omar, who was appointed the executor of the will, accused his brother of failing to co-operate and using tricks to continue enjoying their father's wealth at the expense of other beneficiaries.

Several beneficiaries including the widow of Mr Nguru's other son, her two daughters and a son are laying claim to the property.

abject poverty

Ms Barika Sherman claims that despite being heirs to the estate, they are living in abject poverty since Mr Said is yet to disclose all assets in a bid to deny other heirs their share of the wealth.

But the tycoon's grandson, Swaleh Mohammed Saleh, claims Omar has been claiming administration rights when the court had not appointed an administrator.

The parties had earlier recorded consent before High Court Judge Grace Nzioka (suspended) on the matter.

The beneficiaries had opted for alternative dispute resolution but the process took too long, prompting the applicant to request the court to proceed with the hearing.

The court, however, informed the parties that they would have to comply with an order issued last year that directed that the undisputed properties be distributed to all the beneficiaries according to Sharia law.

The family, however, failed to agree on how to share the property.