Two brothers involved in a Sh700million succession dispute say they will be calling Supreme Court Judge Isaac Lenaola as a witness in a case where they are accused of plotting to defraud their sister-in-law of her share in their joint business empire.
Mr Kuldip Madan Sapra and his brother Ashman Madan Sapra are opposed to the Director of Public Prosecution (DPP) Noordin Haji prosecuting them following a complaint filed by Dr Nisha Sapra alleging they want to keep her out of the multibillion-shilling estate of her late husband — Yogash Mohan Madan Sapra — who died intestate.
Kuldip and Ashman are charged with taking an oath before Justice Lenaola in January 12, 2011 with an intent to defraud Dr Sapra.
The two are opposed to being tried for forgery of court documents. They applied to prohibit the DPP proceedings in the case.
“If this court will sustain the case by the DPP then we give advance notice that we shall apply that Justice Lenaola appears to testify whether the objectors (kuldip and ashman) took an oath before him on January 12, 2011 regarding the estate,” the trial court heard.
They accuse the DPP of being malicious and abusing his prosecutorial powers by relying on documents lodged in court by their appointed lawyers Aduda & Company Advocates in the succession cause to commence the fraud case.
The brothers told the magistrate “they only applied for letters of grant and have not made any application for confirmation of grant as joint administrators of the estate of Yogash who was killed in September 5, 2008.”
Dr Sapra, a dentist who is charged with killing her husband Yogash Madan Sapra, has also been listed as a beneficiary of the estate.
All the three brothers (kuldip, Ashman and yogash) are entitled to a third of the estate.