KEY POINTS
- Meru Senator Mithika Linturi has landed a major court battled in a case where he is embroiled in a property dispute with his ex-wife Marrianne Kitany.
- Center to the accusation were allegations of fraud and forgery against Atticon Limited, Senator Linturi, Emily Nkirote Buantai and, and Litany Investments Limited.
- The court also established that Barons did not establish a case for granting of orders they had sought in the application.
Meru Senator Mithika Linturi has landed a major court battled in a case where he is embroiled in a property dispute with his ex-wife Marrianne Kitany.
Barons Estates Limited, a company associated with the former Chief of Staff at the Deputy President Office, Kitany moved to court seeking to sell three parcels of land whose title deed used to secure a Ksh530 million loan.
The said loan, guaranteed by Baron, was given to Atticon Limited, a firm associated with Senator Linturi.
The company, whose director is Collins Ngetich, Kitany’s son, in an application to the court, said it only guaranteed Ksh 326,250,000, further accusing Linturi of increasing the loan secured on the property to Ksh530 million.
Center to the accusation were allegations of fraud and forgery against Atticon Limited, Senator Linturi, Emily Nkirote Buantai and, and Litany Investments Limited.
Baron told the court that it found a willing buyer of th land for Ksh400 million, and sought to have Ksh326 million as a deposit in a joint interest-earning account in the name of the advocates for the buyer and a local bank.
They, therefore, decided to have the title deeds released by the bank upon the successful sale of the property.
High Court Judge, Justice Wilfrida Okwany, however, ruled that allowing the property sale was equivalent to rewriting the contract between the two parties.
The judge established that Barons Estates and Atticon Limited had voluntarily entered into the agreement.
“The court cannot interfere with the terms of the said agreement except where it has been established that there was coercion, fraud or undue influence. In the present case, the applicant concedes that the issue of whether there was a forgery by the respondents in executing the charges is an issue that can be determined only after hearing the main suit,” Justice Okwany stated.
The court also established that Barons did not establish a case for granting of orders they had sought in the application.
According to Linturi’s defense team, the sale of the property would not only be tantamount to breach of contract but also prejudicial since Atticon had issued an adequate consideration in exchange for Barons guaranteeing the loan.
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