Mombasa businessman Noor Mohamed Jan Mohamed in court. Hue accuses his sister Zahara Pote of laying sole claim to the properties that he insists are family inheritance.
When death strikes, it not only robs families of their loved ones but – as seen in many cases – ignites disputes over wealth.
Family ties break, with siblings and widows turning against one another other over land, vehicles, houses and money left by deceased.
A widow recently failed to block investigations into alleged fraud, accounts and the value of wealth left by her husband.
The investigations are to help pave the way for distribution to beneficiaries who accuse the woman of sidelining them after the death of the family patriarch.
Mombasa Law Courts in this picture taken on July 9, 2020.
The Family Court in Mombasa rejected Ms Amina Akbar Mohamed’s application to stop the valuation of her husband’s estate, the production of financial statements and the execution of a warrant of arrest issued against her for contempt.
Justice Gregory Mutai said the court would not be in a haste to prevent police from carrying out investigations.
“There is nothing wrong with providing the accounts or valuing the estate as these are statutory requirements. The former will aid the distribution of the estate, in respect of the latter. I am unable to see how the applicants will suffer loss if this is done,” the judge said.
Justice Mutai added that he was not convinced that Mrs Mohamed and her son Asif Akbar had demonstrated they would suffer substantial loss, which is the key factor for consideration in the issuing of a stay of execution.
“Since a substantial loss has not been demonstrated, I don’t need to consider the other grounds. Furthermore, Ms Mohamed and Mr Akbar expressed their readiness to comply with conditions this court may impose. The applicants have not met the threshold for the grant of orders for stay of execution pending appeal, and therefore, the application must fail,” he added.
The court said execution is a lawful process, and the fact that it is ongoing or about to begin is not in itself sufficient to justify the stay orders.
The mother and son moved to the Family Division of the High Court in February to stop the valuation of the estate of Akbar Haji Ali Mohamed, who died in 2019, and the production of financial statements.
The Kadhi’s Court had directed the valuation of the estate, production of financial records and execution of a warrant of arrest against Ms Mohamed for contempt.
The two said their right to a fair hearing was violated, adding that the Kadhi’s Court made decisions based solely on submissions from Ms Hamida Bano – a co-administrator of the estate – without according them an opportunity to respond.
Through their lawyer Mwangi Chege, the mother and son said the orders issued last year were obtained without their knowledge or participation, and were tainted by ulterior motives, amounting to an abuse of the court process.
Warrant of arrest
“Pending the hearing and determination of this application, we seek an order staying the execution of the orders, and the subsequent warrant of arrest issued on September 20, 2024,” they said in their application.
Mrs Mohamed and Mr Akbar said the ruling was based on an application that was fixed and heard without proper notice, thereby denying them the right to be heard.
The entrance to Shimo La Tewa Prisons in Shanzu.
Despite raising the matter at the Kadhi’s Court, they said, their concerns were disregarded.
They argued that the warrant seeks to commit Mrs Mohamed to Shimo la Tewa Prison for two months, despite her not being accorded a hearing.
An appeal against the ruling has been filed in the High Court.
Ms Bano, through Mugambi and Company Advocates, defended the Kadhi’s Court, saying it issued the orders lawfully.
She added that the orders required the Directorate of Criminal Investigations to look into a suspected forgery of a loan agreement, and for the estate to be valued and properly accounted for.
Ms Bano said Mrs Mohamed has never submitted any inventory or account of her dealings with the estate and runs it single-handedly, sidelining her.
“The court and beneficiaries of an estate are entitled to know the value of the deceased’s estate to aid in distribution,” she said, adding that valuation ensures transparency and accountability.
In another inheritance dispute, Ms Zahara Pote and her brother Noor Mohamed Jan Mohamed have been fighting for the control of property valued at more than Sh100 million for 11 years.
Despite being the only children of their parents, the property dispute has torn the once close-knit family apart.
The contested properties include a five-storey apartment block at Makadara Grounds and another five-storey building in Buxton estate, next to Coast General Hospital in Mombasa.
In 2023, the Court of Appeal overturned a judgment that had declared Ms Pote the sole owner of the property and remitted the case back to the Environment and Land Court for a fresh hearing and redistribution.
It said there were irregularities in disinheriting Mr Mohamed.
Mr Mohamed has already obtained a court order allowing the valuation of the properties.
While Mr Mohamed wants the court to recognise the properties as inheritance from their mother, Ms Pote argues that she developed them and wants her brother evicted.
Ms Pote, a former United States Army contractor in Afghanistan, says her brother has no legal right to remain on the property.
“I want the court to order his removal from the compound. He has no right to remain on my property since he is not a tenant or licensee. The properties are not part of our late mother’s estate. I am the sole registered owner of the said properties. He is not entitled to orders of injunction against me,” she said.
Ms Pote added that the properties were almost auctioned due to her brother’s loan default and that she paid Sh3.2 million to save them.
Matatu business
She told the court that the agreement with their mother was for her to buy the properties by settling the loan.
Mr Mohamed says he developed the two properties using proceeds from his matatu business.
He adds that the properties are a family inheritance and that under Islamic law, he is entitled to 60 per cent of the estate.
“It is unfair for my sister to lay sole claim to the properties when I contributed to their development,” he told the court.
The hearing is expected to resume in September when the court will take additional evidence as directed by the Appellate Court.
In Malindi, seven elderly siblings are embroiled in a fight over the estate of their mother, Lusila Wairu Waweru, which is said to be valued at millions of shillings.
The dispute, which began after their mother’s death in 2015, centres on land and commercial property, including a popular bar in Mtwapa, Kilifi County.
At the heart of the conflict is a contested will dated August 25, 2013, which named Ms Augusta Rwamba Thumbi and Mr Joakim Ireri as executors of the Waweru estate.
The will was opposed by Mr Emmanuel Julius Nyota and other siblings, who said their mother was not of sound mind at the time it was drafted and that one sibling was excluded unfairly.
Though the High Court in Malindi upheld the validity of the will and ordered equal distribution among the beneficiaries, the estate remains intact five years later.
Mr Nyota accuses Ms Rwamba of defying court orders, expanding the bar without the consent of her siblings and failing to account for the income generated from the business and unpaid land rates since 2015.
Mediations have failed, with Mr Nyota rejecting a proposed partial agreement, citing continued non-compliance with court directives.
He has requested new orders from the court, accusing Ms Rwamba of stalling the probate in order to benefit from the income of the estate.
Ms Rwamba denies the accusations and says her brothers have filed numerous cases intended to frustrate the implementation of the will.
The protest also claims misrepresentation and false statements, including the listing of personal property as part of the estate and inaccurate information in financial declarations.
The matter is scheduled for oral hearing on October 16 and 17, when the parties are expected to give their side of the story.
