Heir or tenant? Former MP, brother in property row

Elias Bare, who once represented Fafi Constituency. [File, Standard]

A legal showdown between a former MP and his brother is brewing over ownership of a property in Garissa.

Elias Bare, who once represented Fafi Constituency, is being accused of taking the property from the family.

The battle between the two revolves around their late father, Bare Shill Abdi.

In a succession case filed by lawyer Ahmednasir Abdullahi, Aden Bare argues that the property belonged to his late father and is part of the estate.

At the Kadhi’s Court, Aden claims their late father suffered a stroke sometime in January 1973. 

At this time, he claims that his brother allegedly tried to transfer the title to his name but in vain.

The court heard that Bare died on September 8, 1973. 

The former MP is claiming ownership of the property. He argues that the dispute over who owned the disputed property could not be heard by a Kadhi and the case can only be settled by the Environment and Lands Court.

But in his response, Aden told the Garissa Senior Resident Sheikh Dogo Sheikh Dabasoo that the court was the only hope for the beneficiaries to get their share of the inheritance.

In May this year, the Kadhi froze the succession case, noting that the two brothers needed to settle the ownership question before another relevant forum.

Immediately after Dabasoo’s orders, a new twist to the case emerged after Elias sued his brother before the Rent Restrictions Tribunal claiming that Aden was a tenant.

He wanted him evicted and asked the tribunal to order Garissa Police Station boss to supervise the eviction orders.

Elias claimed that Aden had defaulted on paying rent which had accrued to Sh360,000.

 “The respondent (Aden) is mischievous and attempting to enjoy applicant property over the applicant’s right to possession as an owner to the suit property which by virtue of ownership has the right to enjoy his property,” claimed Elias.­

 In his application, Elias attached a title indicating it was issued on April 4, 1984 in his name. He got the orders on July 17.

Bare moved to the same tribunal armed with the succession orders.  

He asserted that the property that his brother was alleging that he is a tenant belonged to their late father and never changed hands.

In his case, Aden related Elias to Pahom a character in Leo Tolstoy’s writing, How Much land does a man need? According to him, Pahom a peasant declared that if he had enough land, he would not fear even Satan.  

The devil overheard him and decided to show Pahom who was in charge. Aden narrated that Pahom died out of exhaustion only to be buried in a simple six-foot grave.

 “The suit property and its occupancy thereof is an emotional live wire in the family of the late Bare Shill Abdi and more so when it dawned to many that its occupancy is now being framed by the plaintiff (Elias) herein as a tenancy between himself and his siblings. 

The property is subject of succession proceedings in succession case no 51 of 2022 in the matter of the estate of Bare Shill Abdi. The orders of July 17, 2023, has transformed the defendant (Aden) to be a tenant in his late father’s premises and further exposed him to imminent distress for illegal rent by the plaintiff,” argued Ahmednasir.

The tribunal lifted the orders issued to Elias. 

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