The Environment and Labour court has issued orders stopping businessman Abdisalan Adan from accessing a property that two sisters claim they were gifted by their late father ten years ago.
The two sisters, Sadaff Shokat Ali Gulam Hussein Habib and Sabahatt Shokat Ali, moved to court claiming ownership of the Ksh.75 million property in Westlands, Nairobi saying it was gifted to them by their late father Shokat Ali Hussein as a gift in 2013.
However, Adan claims that he is the rightful owner of the property having purchased it sometime in March 2019 from Hussein following a newspaper advertisement dated January 4, 2019.
“That a temporary injunction is hereby granted against the defendants from entry or occupying the property pending hearing and determination of the suit. In the event the defendant has entered the premises he is to leave fourth with failure to which eviction to take place,” reads the court order.
The judge further ordered the injunction to remain in force for a period of one year. “The suit property shall not be alienated,” the court ordered.
However, the court issued further orders to stay the ruling for a period of 14 days so as to allow the defendant’s appeal.
Through lawyer Waruiru Karuku and Mwangale advocates the sisters, Sadaff Shokat Ali Gulam Hussein Habib and Sabahatt Shokat Ali want the court to stop Abdisalan Adan from claiming ownership of one of the Ksh.75 million maisonettes in Westlands.
Adan claims that the transferred lease, in which the two are claiming to have been gifted the house, is a forgery.
“I have since moved in and continue to occupy the suit property since the time I bought it from Mr Hussein,” says Adan in his replying affidavit while insisting that he has all the proprietorship documents.
