Marianne Kitany’s son has move to court seeking orders to restrain Family Bank from entering into any or further contract of lending money to Atticon Limited and his mother’s estranged husband Meru Senator Mithika Linturi.
Arnold Kipkurui and and his company Linkit Limited want temporary injunction restraining Linturi’s company, Atticon, himself, his Daughters Emily Buanti, Brenda Mithika and Family Bank Limited from entering into any further contract of lending, borrowing advances or any credit facility secured or purporting to be secured by a legal charge for Sh 7.2 million over land LR No Ntima/Igoki/4432 within Kambakia area in Meru County.
In a certificate of urgency, Kipkurui further wants the five respondents barred from interfering with the said land pending hearing and determination of the application.
According to the court documents, Linkit alleges to be the registered proprietor of the said land.
“The plaintiffs are strangers to the afore stated transactions involving the suit property and the matter is under active criminal investigations with the Directorate of Criminal Investigations,” says Kipkurui.
He further states that in December 2018, he discovered that the said title to the suit property was missing only to learn in February 2019 that a legal charge of Sh 7.2 million unknown to him and the company has been registered as an incumbrance on the the property.
It was also used to extend loans and credit facilities by Family Bank to Atticon Limited at the behest of Linturi and his two daughters.
Through lawyer Dunstan Omari, the applicant accuses Linturi of causing him irreparable injuries and damage.
He added that the purported legal charge or incumbrance over the suit property is an illegality, violates his rights and Linkit’s and deprive their inalienable and unfettered right to use and and abuse their proprietary right over the land.
Continued lending
Kipkurui alleges that Atticon and the Mithikas have with impunity continued to request from and have been granted by the said bank loan overdrafts, advances and credit facilities through fraudulent misrepresentation that Kipkurui has given a guarantee to the bank supported by a legal charge of 7.2 million registered or caused to be registered in the said loans which they deny.
“Unless restrained by way of orders sought, the defendants will continue repeating and or maintaining their unlawful activities of violating the plaintiff’s property rights,” reads the court document.
In his supporting affidavit, Kipkorir said he has never executed any document whatsoever relating to lending by family bank to Atticon limited.
He States that he was not in the country at the time he is alleged to have executed the impugned loan or legal charge instrument.
In addition, he added that he never executed any documents relating to the lending by the bank to Atticon.
Kipkurui states that the purported credit facility between Atticon and Family Bank is a product of fraud, forgery and calculated criminal action on the part of the Mithikas, their company, Family Bank and the register of lands which the court should not countenance.
