Two siblings sue half brother, sister for selling ancestral land

Swaleh Hassan and his sister Rukia Hassan protest before Shanzu Law Courts Magistrate Diana Mochache when they appeared before her for the mention of their family property wrangle case, May 21, 2018. [GIDEON MAUNDU/STANDARD]

Two siblings, who have sued their stepbrother and stepsister for forging a title deed and selling 4.8 acres of their ancestral land, want the case transferred to another court over delays.

Swaleh Hassan Ali and Rukia Hassan Ali had accused Mohamed Hassan and Rehema Ali of selling the land left to them by their late father Hussein Ali, who died on March 25, 1976 aged 95. “I went to the High Court in Mombasa on November 4, 1993 and acquired a letter to administer the 4.8-acre land that belonged to my grandfather and father,” said Swaleh, adding that he also got his father’s death certificate.

In 2015, Swaleh confronted his stepbrother on realising he was in the process of selling the land. The matter went to court. After investigation, Swaleh said he established that Mohamed used a fake death certificate to swear an affidavit and obtain a letter of administration.

Swale, who appeared before Senior Principal Magistrate Diana Mochache in Shanzu, has applied to have the matter transferred to Mombasa Law Courts. In a letter to Mochache, Swaleh said his half-brother was arraigned on September 29, 2016, but the case was yet to be heard.

But Mochache said only three adjournments had been given. “If you have no confidence in the trial court, kindly note that there are two others in Shanzu that can hear and determine your matter,” said Ms Mochane.