A business dispute between two former partners, Nedim Mohamed Ibrahim and Abdulkarim Saleh Muhsin, has escalated into a full-blown property war, involving the judiciary, police, and government offices. The two had invested in real estate, accumulating wealth, including properties estimated to be worth over Sh5 billion. Their business relationship soured, leading to seven court cases, which they attempted to settle through mediation in 2017.
The mediation agreement, facilitated by Sugow Nurow Hussein and Aden Gulied Hassan, was reached on May 7, 2017. The agreement stipulated that Saleh would receive 66.7% of 532 properties subdivided from Kiembeni Property in Mombasa, while Mohamed would get 33.3%. The parties also agreed to share two other properties, with Saleh getting 15.48 acres in Mlolongo and Mohamed getting 11.243 acres, as well as other properties in Mavoko, Athi River, Embakasi, Mtongwe, Mariakani, and Shanzu.
Despite the mediation agreement, the dispute continued, with Mohamed suing Saleh, ZumZum, Akaba, and Acient in 2021, seeking enforcement and damages. Mohamed urged the court to direct that the agreement be implemented, while Saleh argued that the case was an abuse of court process. Saleh claimed that the agreement required the affected companies to pass resolutions ratifying its terms and that Mohamed had not handed over the titles he held.
Justice Florence Wangari directed the Deputy Registrar of the Court to execute all necessary documents to ensure that the Court's judgment dated November 24, 2023, is implemented. However, the Business Registration Service (BRS) has refused to transfer shares, citing a directive from the Directorate of Criminal Investigations (DCI). Mohamed's lawyer, Paul Mwangi, is pushing for the implementation of the court's judgment.
The dispute has sparked a power conflict involving the judiciary, police, and government offices, including the Attorney General's office and the Ministry of Lands. The mediation agreement had also stipulated that Saleh would resign as director and shareholder of ZumZum and surrender his shares, while Mohamed was barred from pursuing any claim from the firm.
The properties in dispute are located in various parts of Kenya, including Mombasa, Mlolongo, Mavoko, Athi River, Embakasi, Mtongwe, Mariakani, and Shanzu. The African Safari Club's two properties were also to be sold, with the remainder of the proceeds to be shared equally between the two parties.
The case is ongoing, with the Deputy Registrar mandated to execute all necessary documents to bring the matter to a close. The dispute has put the Sh5 billion property empire at risk, with the parties involved in a protracted battle over the properties.
Key points
- A business dispute between Nedim Mohamed Ibrahim and Abdulkarim Saleh Muhsin has escalated into a full-blown property war.
- The dispute involves properties estimated to be worth over Sh5 billion.
- The case is ongoing, with multiple government offices and institutions involved.
