A Mombasa woman has been granted temporary orders barring a businessman from encroaching onto a property pitting her against her relatives pending hearing and determination of the case.
Shamsa Abdalla Miran, in the application filed in court through lawyer Abdirazak Mohammed, claimed to be the sole surviving daughter of the late Abdulrahman Bin Miran – the registered owner of the land who died on March 16, 1976 – hence the executor of his estate.
Businessman Jeylan Omar Abu and his associates were hence restricted from trespassing onto the property, with the court further directing Makupa Police Station OCS to implement the order.
“Temporary injunction is issued restraining 5th respondent (Jeylan Omar Abu) whether acting by themselves, servants, agents or any person acting on their account from trespassing, encroaching carrying out groundworks building constructing or staying and interfering in any way with Miran’s property,” ruled Magistrate Albert Lesooti.
Shamsa, arguing that she has absolute ownership of the property according to a grant of probate issued by the court on July 30,1977, accused relatives Asha Abdalla and Mohammed Abdalla of illegally and fraudulently concealing material facts before the family court.
The two obtained a second grant of letters of administration to the estate from the family court on March 12, 2012 which was on November 1 the same year in Mombasa High Court.
Shamsa however says Asha and Mohammed illegally transmitted the property to themselves and Bahram Abdalla before transferring it to Mohammed Adam who, in turn, later transferred it to businessman Jeylan Omar.
“Asha, Mohammed and Bahran passed themselves as the legal heirs of the estate of Abdulrahman whereas knowing that Shamsa existed and illegally obtained the grant of letters of administration,” lawyer Mohammed told the court.
Shamsa hence sought an eviction order against Omar and a permanent injunction restraining her relatives from claiming, trespassing or interfering with the land.
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