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Businesswoman Agnes Kagure.
A Briton has testified that his brother who died in 2012 never sold a Sh600 million property in Karen, which is being claimed by businesswoman Agnes Kagure and others.
Testifying through a video link from UK, 73year-old Michael Robson told High Court judge Maureen Odero that his brother- Roger Robson- was possessing the property on Ushirika Road in Karen until he was taken ill and rushed to hospital by a neighbor on the night of August 5, 2012.
Mr Robson died in 2012 leaving behind properties in Karen and Upper Hill area.
Ms Kagure claims to have bought the land in Karen from Mr Robson in 2011 before he died, for Sh100 million. However, Mr Robson maintained that his late brother owned the property up to his death.
He was testifying in a case where lawyer Guy Spencer Elms has been accused of forging Roger’s will, which was signed 24 March 1997. The lawyer was named as the executor of Roger’s Will, but Ms Kagure and Thomas Mutaha are claiming the properties.
The two have since challenged the will, accusing Mr Elms, who was Mr Roger’s lawyer of forgery.
Mr Elms was allowed to call three witnesses who will testify through a video link from UK.
Mr Robson is the only surviving brother of Mr Roger.
On Tuesday, Mr Robson said his brother wrote him a letter in March 31, 2011 and there was no indication that he was considering selling the property.
“Roger had informed me on several occasions over a number of years prior to his death, both in writing and telephone that fraudsters were attempting to steal his residence, by making false claims of ownership but that he was being assisted to strenuously resist these fraudulent claims,” he said.
The witness confirmed to the court that Roger remained in possession of the property and he never entered into any agreement intending to sell it. The witness said he could also identify his brother’s signature but was challenged whether he was a handwriting expert.
He told the court that his relationship with his late brother wasn’t good, hence he (Roger) could not leave the property to him.
Mr Mutaha, claims to be a director of Plovers Haunt limited, the company that owns the Upper Hill land. He claims that he was given for free all shares in the said Company.
But Mr Robson had allegedly indicated in his will that the property be sold and proceeds shared between his nephew and charitable institutions in Kenya, which focusses on environmental conservation.
The hearing was pushed to November 30. – businessdailyafrica.com