Siblings Battle Over Sh100M Mombasa Properties as Court Reopens Decade-Long Dispute

High-stakes inheritance battles are currently playing out in Mombasa courtrooms, highlighting the deep rifts that can emerge within families when substantial wealth is at stake. 

The Family Division of the High Court in Mombasa has recently dismissed a petition by Amina Akbar Mohamed and her son, Asif Akbar, seeking to halt the ongoing valuation and auditing of the late Akbar Haji Ali Mohamed's estate. Justice Gregory Mutai rejected their application to block processes previously ordered by the Kadhi's Court, which include the production of financial records and the execution of a warrant of arrest against Amina Akbar Mohamed. The late Akbar Haji Ali Mohamed died in 2019.

Justice Mutai said that providing accounts and valuing the estate are statutory requirements essential for equitable distribution, and the applicants had failed to demonstrate any substantial loss if these actions proceeded. The court found no infringement of their rights to a fair hearing. The pair, represented by lawyer Mwangi Chege, had challenged the Kadhi's Court directives, accusing co-administrator Hamida Bano of unilateral actions without affording them the opportunity to respond.

Chege argued that the orders, particularly the warrant of arrest issued on 20 September 2024, were obtained without their knowledge, violating their right to a fair hearing and representing an abuse of judicial power. According to the application, the warrant threatens Mrs Mohamed with a two-month sentence at Shimo la Tewa Prison without a proper hearing.

In response, Bano, through Mugambi and Company Advocates, maintained that the orders are both legal and necessary to promote transparency in the estate administration. She claimed that Mrs Mohamed has never submitted any inventory or account of her dealings with the estate, running it single-handedly and sidelining her. Bano insisted that the valuation is required to quantify the deceased's wealth and ensure all beneficiaries are informed and included in the distribution process.

Justice Mutai emphasised that the applicants had not met the threshold for a stay of execution pending appeal, reinforcing the court's stance favouring lawful procedure over emotional pleas and institutional order over personal sentiment.

This case mirrors a broader trend across Kenyan society, where ambiguities in estate planning and perceived injustices in asset control breed enduring resentment, causing family members to fracture under the strain of contested inheritances.

A separate, decade-long inheritance dispute involving siblings Zahara Pote and Noor Mohamed Jan Mohamed highlights similar issues. The pair are locked in a protracted legal battle over properties allegedly worth more than Sh100 million. Despite being the only children of their deceased parents, their relations have soured dramatically. The contested properties, two five-storey apartment blocks located in Makadara Grounds and Buxton estate, Mombasa, have become the focal point of a dispute that has migrated from the High Court to the Court of Appeal and back to the Environment and Land Court. 

In 2023, the Court of Appeal overturned an earlier judgment that awarded sole ownership of the properties to Ms Pote, citing irregularities in the process that disinherited her brother. Mr Mohamed has since secured a court order allowing formal valuation of the disputed assets, aiming to assert them as part of their late mother's estate.

Ms Pote, a former contractor with the United States Army in Afghanistan, contends that she developed the buildings independently and argues for her brother's eviction, claiming he lacks any legal entitlement to the properties. They also expose the challenges faced by courts tasked with upholding legal fairness while navigating emotional and often acrimonious family divisions.