Mithika Linturi is not pleased with his son Arnold Kipkurui. Arnold is the son of his estranged wife Marrianne Kitany.
Arnold has taken his father, the Meru Senator- Mithika Linturi and his daughter Brenda Mithika over a property in the Senator’s backyard. The property in question houses the office of the Senator.
Arnold Kipkurui and his company Linkit Limited wants the court to issue an order restraining Linturi and his company, Atticon Limited, his daughter Brenda Mithika, Personal Assistant Emily Nkirote Buantai and Family Bank Limited from entering into any further contract of lending, borrowing advances which is secured under the said property.
Legal charge
Kipkurui claims his company, which he co-directs with Brenda, found that the property has been charged and mortgaged to Family Bank without his knowledge let alone executing any legal charge instrument before such registration.
“Loans and advances have been granted by the bank to the Atticon Limited relying on the said fake legal charge to my detriment and in perpetuation of a clear illegality,” claimed Kipkurui in court documents.
He says Linkit is the registered proprietor in absolute of all the land and it has never executed, registered and caused to be executed to register any legal charge instrument over the suit property.
Through lawyer Danstan Omari, Kipkurui claimed he discovered the title to the suit property was missing only to learn in February that a legal charge of Sh7.2 million had been registered as encumbrance on the suit property.
“The plaintiffs are strangers to the foretasted transactions involving the suit property herein and the matter is under active criminal investigations with the Directorate of criminal investigations,” stated lawyer Danstan Omari in court documents.
Kipkurui argued the purported legal charge or encumbrances over the suit property is an illegality, violates his company’s rights and deprived his company of its inalienable and unfettered right to use the property.
“The five defendants have continued to request from and have been granted by Family Bank loans, overdrafts, advances with misrepresentation that the company has granted a guarantee to the bank supported by a legal charge of Sh7.2 million,” stated Kipkurui in court documents.