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Man sues sister over Sh110m property

By Joackim Bwana | Published Wed, July 11th 2018 at 00:00, Updated July 10th 2018 at 22:04 GMT +3
Ashraf Jamal Mohammed in Mombasa Law courts testifying against his sister Zahara Pote who he accuses of forging two title deeds and grabbing two properties worth sh. 110 million left behind by their late mother. [Joackim Bwana/Standard]

A man has accused his sister of grabbing family property worth Sh110 million.

Ashraf Jamal Mohammed wants two thirds of the estate left behind by their late mother Shuni Haji.

Mohammed claims his sister, Zahara Pote, has taken over the properties, a five-storey apartment in Makadara and a building at Buxton, next to Coast General Hospital.

Mohammed told Justice Ann Amolo that his sister cleared a loan of Sh3.2 million to stop Bullion Bank from taking over one of the properties over a loan.

He said his sister, who had been working in the US, would send him money for construction of the apartment, now valued at over Sh70 million.

"Our mother used one of the properties as collateral to obtain a loan. However, there was a problem in payment of the loan as the bank went under. There was an attempt to attach the property and that is when my sister paid the whole amount owed to the bank,” said Mohammed.

Second property

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Mohammed, who was being cross-examined by Zahara’s lawyers, said his sister had also paid her aunt some money in relation to the second property after a dispute.

“I believe she bought the plot for our mother and was registered in her name,” said Mohmmed.

However, Mohammed could not state how much he contributed towards construction of the two properties, only saying their mother gave the buildings to them.

Mohammed said he contributed money he made from his matatu business and office furniture business but did not state the amount.

He accused his 72-year-old sister of forging title deeds to the properties and refusing them share them with him.

Mohammed said it was wrong for Zahara to take over their inheritance without considering his contribution.

He said he should be given two thirds of the properties as early ruled by the Khadhis' court.

"I will agree to share the suit properties with my sister where I get two thirds of shares and she gets a third as ruled by the Khadhis' court in accordance with Sharia Law," said Mohammed.

Mohammed told court he has not been benefiting from the properties since 2016 even though they have tenants who pay between Sh15, 000 and Sh40,000 per month.


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