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Siblings in court after tricking sick father to transfer property

Favour akachukwu okoye

Sept. 28, 2020

Siblings in court after tricking sick father to transfer property
In summary
On September 18, 2019, Nyambeya Genge Chacha was admitted to a hospital in Mombasa for undisclosed diagnosis after falling sick.
After several days in the hospital, medical bills accrued to a point where the family was unable to offset it.
The financial situation worsened and three of his children Chacha Nyambeya, Noel Barbra Nyambeya and Mary Bhoke Nyambeya had to allegedly sell his land to offset his bills.
The children are said to have conspired to have their father consent to sell his land without his knowledge by making him sign a consent agreement, disguised as consent for a surgery in the hospital.
They are now battling a court case after their father has moved to court suing them for allegedly selling his parcel of land while he was hospitalized by making him sign the sale agreement pretending to be his surgery consent.
Elizabeth Robi Marwa, Julius Chacha Nyambeya, Barbra Nyambeya and Bhoke Nyambeya were charged with false pretence, they are sued that on September 18, 2019 at Pandya Memorial Hospital within Mombasa County jointly and willfully procured from Genge Chacha a sale agreement for land by falsely pretending that he was signing a consent for surgery since he was admitted in hospital a fact they knew to be false.
Conspiracy to commit
They were further charged with a conspiracy to commit a felony, they were charged that on August 22, 2019 at Bakarani area in Kisauni sub-county within Mombasa county conspired together to commit a felony, namely to steal from Genge Chacha, Sisirya John Mathyus, Geofrey Athmani Genge of their title deed and identity cards.
In addition they were also charged with fraudulently procuring registration.
The particulars of the charge are that jointly and knowingly fraudulently procured the amendment of land title for plot MSA/BLOCK XVI/524 belonging to Genge Chacha and issued a new title deed to Abdallahi Abukar Kullo.
However, in a civil suit filed by Abdullah Abukar Kullo, the complainant has been sued together with his daughter Mary Bokhe Nyambeya and the Attorney General for allegedly re issuing the title deed for the land to Nyambeya.
In his plaint Kullo alleged that Bhoke disclosed to him that her father’s (Nyambeya) intention to sell the said parcel of land to use the money to cater for the hospital bill which had accrued at the Pandya Memorial Hospital, a bill they were not in position to settle.
Visited hospital
He states that together with a lawyer all parties had retained visited Nyambeya at the hospital where in the presence of the lawyer, his daughter and an independent estate agent they asked him a couple of questions which include, his name, where he was at the time, who was sited opposite of him in bed, if he understood that the agreement for sale before him was to confirm that he was selling his property for Sh10 million, why he was selling the property and who he wanted the money to be paid to?
“He comfortably answered the questions confirming the intended sale, the reason for his intended sale being the lack of funds to clear an outstanding hospital bill, the value of the agreed price Sh10 million and that the purchase price be released to the second defendant (Bhoke)” stated Kullo.
He further states that it was after the reminder of the purchase price was released to the vendor through Bhoke through cheques and receipts issued by their counsel in favor of Bhoke on diverse dates November 2019 and January 2020, that he was vested with absolute and indefeasible propriety rights of the land.
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