Khalid Patel seeks to recover his late father’s shares in five companies, while his brother and the firms challenge the proceedings.
A court dispute over Mombasa Cement shares pits Khalid Patel against his elder brother, Suraj, and five companies. Khalid alleges that fraud deprived his late father’s estate of holdings worth billions of shillings.
His father, Arvind Kanji Premji Patel, died in 2013. Arvind’s younger brother, businessman and philanthropist Hasmukh Kanji Patel, died in 2024.
In a motion dated December 9, 2025, Khalid alleges that Hasmukh obtained probate using a forged will. The court issued that grant on January 29, 2014, following Hasmukh’s petition in September 2013.
Khalid seeks restoration of Mombasa Cement shares
Khalid claims forged documents transferred his father’s holdings in five companies to Hasmukh. Alongside Mombasa Cement, the firms are Vishna Holding, Kavee Quarries, Venus Metal Developers and Sunny Construction Company.
He also accuses Suraj and company directors of registering backdated transfers bearing Arvind’s forged signature. Khalid says his father was critically ill and receiving treatment in India, and could not execute the documents.
Furthermore, he maintains that Arvind neither knew about nor approved the transfers. Khalid says a Directorate of Criminal Investigations forensic examination supports his allegations.
His application asks the court to declare transfers of Arvind’s shares to Suraj illegal, fraudulent and void. He also wants the Registrar of Companies to cancel those transfers and restore the estate’s holdings.
The requested restoration covers 27,885 shares in Mombasa Cement and 13,834 in Vishna Holding. It also includes 400 in Kavee Quarries, 98,000 in Venus Metal Developers and 12,000 in Sunny Construction.
Companies challenge court proceedings
Meanwhile, Khalid seeks temporary injunctions without first hearing the other parties. These would prevent the companies from altering their registers, registering encumbrances, disposing of unallotted shares or selling assets.
The proposed restrictions cover interests in other companies, machinery, land and bank accounts. Khalid also seeks payment of credit balances he says remain due to his father’s estate.
Specifically, he wants Kavee Quarries to pay Sh12,790,354 and Venus Metal Developers to pay Sh719,624. He seeks annual interest of 14 per cent from May 22, 2013, until full payment.
Khalid says a limited grant issued on November 19, 2025, authorises him to represent the estate in litigation. The grant came from the Chief Magistrate’s Court in Mombasa.
However, Suraj and the five companies have filed a preliminary objection seeking to strike out the entire suit. Their lawyers, Daly Inamdar Advocates, argue that Justice Ngaah lacks jurisdiction because Khalid commenced the proceedings through a miscellaneous civil application.
