Man sues sister over Sh100m property

A man has sued his sister over the ownership of two buildings. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • Mr Janmohamed has asked the court to revoke the title deed of the plot upon which the two properties are built.
  • He wants the court to uphold the decision of the Kadhi’s court, which allocated him 60 per cent of the property.

A Mombasa-based businessman now wants a disputed family property worth Sh100 million put under the court’s management until a suit he has filed against his sister is heard and determined.

Mr Noor Mohamed Janmohamed and Ms Zahara Pote are embroiled in a battle for the ownership of a family property left behind by their mother, who died 16 years ago.

TITLE DEED

Mr Janmohamed told the Environment and Lands Court Judge Ann Omollo that while the suit is still pending in court, it is prudent the management of the property be taken out of his sister’s hands.

Mr Janmohamed has asked the court to revoke the title deed of the plot upon which the two properties are built, arguing his sister fraudulently transferred the documents to her name.

“I did not know that at the time I was nursing my ailing mother and moving with her from one hospital to another, my sister was busy transferring land title documents to her name; I had trusted her, I was not prepared for this turn of events,” he told the court.

SHARIA LAW

Mr Janmohamed said while his sister was overseas with her husband, he contributed to the building of the five-storey buildings located at Makadara and Buxton from the proceeds of his matatu business.

“I had a fleet of public services vehicles and other workshops where I was generating more than Sh400,000 per month. I took the proceeds from this business and contributed towards the building of the two properties,” he said.

He wants the court to uphold the decision of the Kadhi’s court, which allocated him 60 per cent of the property, according to the Sharia law on family inheritance.

However, Ms Pote argues that the Kadhi’s court decision only applies in the distribution of wealth inherited from parents, which is not the case in this matter.

She said she used her savings while working in Iraq to build the two properties.