Alnashir Popat, the estranged son of billionaire businessman Abdulkarim Popat, wants his mother, brother and an advocate jailed for failing to avail a valuation of assets report left by his father, in line with a Court of Appeal order issued in October.
In a fresh application in the High Court, Alnashir says his mother Gulzar Popat, brother Adil Popat and lawyer Karim Anjarwalla have defied an order that required them to file an inventory of all assets owned by the family patriarch so as to kick off the division of the vast estate among beneficiaries.
Alnashir is seeking a share of his father’s estate, estimated to be worth more than Sh4 billion.
The Court of Appeal, in October, ordered that Alnashir be given a slice of the Popat empire despite having been left out of his father’s will.
Justices Wanjiru Karanja, Jamila Mohammed and Jessie Lesiit further ordered Gulzar, Adil and Karim to file a detailed inventory of the Popat empire with current valuations within 30 days of the October decision.
Azim, Alnashir and Adil have been fighting in court over their father’s estate since 2013.
Lawyer Karim Anjarwalla was named an executor of the senior Popat’s will alongside Adil, Gulzar and Azim.
“Despite being aware of the orders made in the judgment of the Court of Appeal, the contemnors have deliberately chosen to disobey and undermine the same by failing, refusing and/or neglecting to file, in this honourable court a full, accurate current inventory and valuation report of the deceased’s estate within 30 days from October 22, 2021, which period lapsed on November 21, 2021,” Alnashir says in court papers.
Interestingly, Azim did not participate in the Court of Appeal proceedings despite being the originator of the legal battle.
Gulzar, Adil and Karim intend to take the succession battle to the Supreme Court.
The disgruntled Popat scion also wants the High Court to order the appointment of an audit firm of international repute to conduct a detailed valuation of the empire.
Alnashir’s advocate, Njoroge Regeru, said he forwarded a draft of the Court of Appeal orders to his counterparts representing Gulzar, Adil and Karim for approval on October 25. The lawyers responded with amendments that Alnashir was agreeable to.
Legal practice in Kenya requires the beneficiaries of court judgments to draft the orders issued and share them with other parties in the case for approval. Once the final draft is ready, it is forwarded to the court, which rubberstamps the document to give it teeth.
Alnashir says that his mother’s lawyers have delayed finalising the Court of Appeal orders by failing to approve the draft.
He argues, however, that the intention to move to the Supreme Court is an indication that the orders issued in October are clear and should be implemented because they have not been set aside or suspended.
“Whereas the contemnors expressed intention to appeal against the judgment of the Court of Appeal and orders made therein, only Adil and Karim have sought leave of the Court of Appeal to prefer their intended appeal to the Supreme Court, and even then the Court of Appeal declined to grant any temporary order of stay,” Alnashir adds.
Abdulkarim had made billions from car dealerships through Simba Corp, financial services through Imperial Bank, hospitality through Villa Rosa Kempinski and real estate both locally and abroad.
