Property dispute between Meru Senator Mithika Linturi and his estranged wife Marianne Kitany took a new twist when two of his children filed an application seeking to stop him from taking loans using a property they co-own.
In the application, Arnold Kipkurui, the director Noniko holdings Limited together with shareholder Rhoda Kitany wants an injunction issued against Atticon a company associated with Linturi.
In the application, the two want an injunction restraining Atticon Limited, Linturi and Family Bank Limited from using a parcel of land in Kileleshwa or another property in Nyari.
The two argued that Linturi and his company had previously used the properties to secure a loan of Sh11,250,000 in June 2017.
Further, they claim that Linturi took another loan of Sh26.2 million using the Nyari property on June 26, 2017, using the title as security.
“Pending the hearing and determination of the instant application, court be pleased to grant a temporary injunction restraining the defendants Atticon Limited, Mithika Linturi, Emily Nkirote Buantai and Family Bank limited from registering and or causing to be registered any or any other or further charge, mortgage, entry and or encumbrance whatsoever in the register of lands,” reads part of the application.
They are further seeking a temporary injunction restraining Linturi and his companies from registering any or any other charge, mortgage or interfering with the property, pending the hearing and determination of the case.
In the documents filed in court through lawyer Danstan Omari, Naniko Holdings Limited says it is the registered proprietor of the properties and have never been requested to execute, registered or caused to be executed any legal charge over the parcels.
They said that around December 2018, they discovered that the lease to the suit premises as well as title deed were missing only to learn two months later that it had been charged to Family Bank to secure the two loans.
“The impugned legal charges over the suit premises and the suit property had apparently been to enter into lending agreements and to extend loans, advances and or credit facilities by Atticon limited at the behest of the Mithika Linturi and his daughter Nkironte without informing and or involving Naniko Holdings and it directors as is by law required,” state the documents.
They have disowned the transactions adding the matter is being investigated by the Directorate of Criminal Investigations, Central Bank of Kenya and the Banking Fraud Investigating Unit.
“The purported legal charges and or encumbrances over the suit premises and the suit property are a product of fraud, fraudulent misrepresentation and outright illegality and the subsistence of the impugned transactions violate the plaintiffs’ indefeasible and inalienable property rights,” Kipkurui stated in a sworn statement.
He said the move had deprived them of unfettered right and freedom to use their proprietary rights over the premises and the suit property. He accused Linturi and his company of causing the irreparable injury.
Kipkurui accused Atticon, Linturi and Nkironte have with impunity continued to request for and have been granted by the Family Bank loans, overdrafts, advances and or credit facilities through fraudulent misrepresentation.
He alleged that the lie to the Bank that they consented the guarantee yet they have never been informed of the same.
They state in the court papers that unless restrained, Linturi, his daughter or his company will continue with their unlawful activities of violating their property rights.
“This court has a duty and responsibility to expeditiously stop an illegality such as is being perpetuated on the plaintiff’s suit property and or premises,” he added.
They want the court to restrain them from extending what they termed as sham lending using the properties.
