A row is looming between a German and a Kenyan woman over the ownership of 20 villas and a restaurant in Watamu, Malindi district. Mwatime Maro, who claims to be the widow of Rudolf Anton Gaugg, and his friend, Gerhardt Glas, are both laying claim to the property. Mwatime, a former employee, said she and Gaugg got married under Islamic law eight years ago after he paid a dowry of Sh100,000. As a result, she had the right to inherit his property following his death on November 3, 2009.
Mwatime produced several documents written in Arabic which indicated she was married to Gaugg. According to the documents translated by Malindi Kadhi Sheikh Sukyan Hassan Omar on October 2010, they stated that during the marriage conducted in Mwatime’s uncle’s house, Gaugg had taken on the Muslim name of Said Bin Khoji.
The requisite two witnesses did not sign the document to confirm the marriage conducted by Ustadh Ali Ali Kinono. Mwatime has been running the villas and had leased out the restaurant Villas Watamu Tropical Garden.
Glas flew into the country last week after receiving reports that Mwatime had started renovating the hotel with a view of placing it under new management.
Glas produced a copy of the last will and testament signed by Gaugg which was written in German and had been translated into English by the German Embassy in Mombasa on March 15, 2010. The document showed Gaugg bequeathed all his property to Glas.
The will said in part: “I Rudi Gaugg born on April 15, 1931 appoint my long time friend Gerhard Glas the leader of Water Ski School in Posenhofen as the sole inheritor. Included is also the whole property in Kenya.”
The will also authorised Glas to take care of all things after his death including his grave and all the contents in the safe. Glas also has a copy of the title deed to the property dated March 18, 2010 signed by a A.T. Karani and a land certificate indicating that he was the owner of the 1.55 hectares on which the property stands. A hotel manager Betty Juma insisted Mwatime was the legal owner of the property as she was the widow of Gaugg.
Source: www.nairobistar.com
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