Two brothers were set to stand on their defence after the court’s ruling they have a case to answer for forging documents to falsify themselves as the rightful executors of the estate of a deceased person.
When they appeared before the Milimani law court magistrate Susan Shitubi for the ruling in the matter, Kuldip Madan Sapra and Ashman Madan Mohan were found to have a case to answer,
“After analysing the testimony presented before this court, and using the discretion of the court, I have considered that both accused persons have a case to answer,” the magistrate ruled.
The prosecution closed their case in the matter after calling more than ten witnesses who testified against them.
The duo were jointly charged with forging Form S 38 (r.26 (2)) consent to the making of a grant of administration intestate to the person of equal or lesser priority in the matter of the estate of the late Yogaish Madan Mohan Sapra, purporting it to be a genuine document signed by Dr Nisa Sapra.
They faced a second charge of uttering a false document contrary to section 353 of the Penal Code.
On January 12, 2011, at the Family Division Registry in the High Court of Kenya Milimani, in Nairobi within Nairobi county, knowingly and fraudulently they uttered a document namely Form S 38 (r.26 (2)) consent to the making of a grant of administration intestate to person of equal or lesser priority to the Deputy Registrar of the High Court Family Division honourable Mrs E Ominde.
They were also accused of false swearing in the matter of the estate of their late brother Yogaish Madan Mohan Sapra before the then High Court judge Justice Isaack Lenaola petitioned the High Court for grant of letters of administration in the estate of the said late Yogaish who died on September 5, 2005.
In the last count, they were charged with attempting to obtain properties not entitled to them by false pretences contrary to the law.
The duo were charged that on diverse dates between November 23, 2010, and May 25, 2011, with intent to defraud, they attempted to acquire from Nisha Ranjendhra Kumar Pruthi his properties illegally.
They wanted to acquire a hectare land parcel at Lower Kabete reference number 2591/443, a house in Lower Kabete in plot reference No 2591/195, a house in Brookside Gardens on land parcel reference No 7158/38, an apartment in Nyali Estate in Mombasa next to Tamarind restaurant, 4036 shares of Kenya Airways Limited, Mt Kenya Sundries Retail Shop at the former Hilton Hotel in Nairobi Central Business District, Maya Free Duty Shops at the Jomo Kenyatta International Airport, Sapra Investment Limited and Green Gems Limited all valued at Sh 700 million.
They falsely pretended that they were the bona fide administrators of the estate of their late brother Yogaish Madan Mohan Sapra.
They will be put on their defence on February 25, 2025.