A lawyer who used to represent two Sapra brothers in a case where they are accused of attempting to defraud their sister-in-law of their late brother’s estate has narrated how court how the two replacement him as their lawyer.
Kuldip Madan Sapra and Ashman Masan Mohan Sapra are facing several counts of offences including making a false affirmation in relation to the succession cause No. 12 of January 2011 in the matter of the estate of their late brother Yogaish Madan Mohan Sapra who died on 8th September 2005.
Lawyer Samuel Odhiambo Aduda told the court that his former clients wanted him to apply for letters of administration for the estate of their late brother by the name Yugesh Sapra.
The court heard that on 18th August 2010, the lawyer asked them to furnish him with all the relevant documents for the case including death certificate, list of children, list of beneficiaries among others.
“The documents were supplied to me orally or on phone. The death certificate was brought to me by the driver of the two brothers,” the lawyer added.
Aduda added that on 17th September 2010, the accused persons supplied him with a document indicating that Nisha Sapra, their sister-in-law, had relinquished all her present and future claims to the estate of her late husband.
The court heard that receiving the documents, the lawyer went ahead and prepared the petition for letters of administration in 2011.
“However, when I went to court to file these documents, I found an application filed by the firm of Areba and Co. Advocates requesting for leave to object out of time,” the lawyer testified.
He added, “later on I was served by Mr Areba with his application together with his memorandum of appearance.”
It was the lawyer’s testimony that he does not know the fate of that application because by the time his services were being terminated, the application had not been prosecuted.
The court heard that Aduda was replaced by the firm of Ndubi and Co. Advocates who filed a notice of change after being instructed by the accused persons.
Kuldip and Ashman are also accused of jointly attempting to acquire a half hectare land parcel at lower Kabete ref No 2951/443, a house in lower Kabete in plot ref No.2591/195 , a house in Brookside Garden on Land Parcel ref No.7158/38, an apartment in Nyali estate in Mombasa next to Tamarind Restaurant , 4036 shares at Kenya Airways Limited A/C No 0080415, Mt Kenya Sundaries Retail Shop at Hilton Hotel in Nairobi, Maya Duty Free shops at the Jomo Kenyatta International Airport , Sapra Investments Limited and Green Gems Limited from Dr Nisha Rajendhra Kumar who is the beneficiary, property valued at Sh 700,000,000.
Kuldip is also facing another charge of uttering a false document, namely S Form 38 (r.26(2)) consent to the making of a Grant of administration Intestate to person equal or Lesser priority to the Deputy Registrar of the High Court Family Division Hon Mrs E Omibde.
The brothers are said to have committed the offense on the 12th January 2011, at the Family Division Registry in the High Court of Kenya Milimani, in Nairobi, knowingly and fraudulently.
