A tussle between two siblings over property worth millions of shillings took a new twist after it emerged the sister saved it from auction owing to a bank loan.
During cross-examination Ashraf Jan Mohammed, who was testifying in case in which he has sued his older sister Zahra Pote, said he sent some money in 2016 while working abroad for the construction of a five-storey building in Makadara.
At the time, Zahra was a contractor. She was supplying US military hardware in Iraq, while her husband Mark Allen Pote was a US Marine. The couple later settled in Kenya.
Mohammed was being cross-examined by Pote’s lawyer William Mogaka before High Court judge Hannah Omollo.
He said another property was about to be auctioned by Bullion Bank over failure to service a loan, but his sister sent him Sh3.4 million to clear it.
Mohammed had used their property as collateral. Construction for another property for Sh110 million was underway.
“Do you agree your sister paid for the same property you are fighting over to stop the bank from auctioning it? Mogoka asked.
Mohammed had earlier accused his sister of forging their late mother’s signature to take ownership of several properties.
Yesterday, Mohammed told the judge through his lawyer Gikandi Ngibuini that he reported the forgery, but police declined to investigate the matter since he had several matters pending in court.
He was accused of trying to frame his sister and brother-in-law for terrorism, so they could be deported and he takes control of the property in the Mombasa central business district.
Mohammed has sued Pote, saying he lost his source of livelihood.
He said part of the property was left behind by their late mother Shuni Haji. He is demanding two thirds of the estate according to Islamic law.
he court heard the transfer was done in November 2007. Their mother gave Pote most of the property before her death, he said.
However, it emerged that during the time when the signatures were forged, Pote was working in Iraq.
Mohammed was at pains to explain why he had not attached Kenya Revenue Authority tax returns, and bank statements indicating he was paying tax from his furniture business.
“Can you confirm to the court when the transfer of the property was done in 2004 when your mother was still alive. Are you aware she might have transferred the property which bore her name to your sister’s name?” Mogoka asked.