Lawyer Stephen K Mogaka

Meru Senator Mithika Linturi who is in a property tussle with his former wife Marianne Kitany has been linked to another legal dispute.

This is after Barons Estate Limited sought to be enjoined in a Sh 50 million loan dispute pitting Pesa Print Limited and Atticon Companies.

Atticon Limited is a firm owned by Senator Linturi before he allegedly ceded 50 per cent shares to Baron Estates Ltd.

The ceding of ownership was in exchange for Baron Estates guaranteeing Sh50 million loan that Mr Linturi intended to borrow from Family Bank.

However,Linturi is later accused of fraudulently kicking out Baron Estates from ownership of Atticon and further increasing the loan secured using the Baron’s property to Sh530 million without its consent

Under certificate of urgency filed in court filed by Stephen M Mogaka advocates, the Company says that Atticon limited has never been party to any proceedings in the arbitration.

Mogaka, said Atticon has never appointed the firm of Muthomi and Karanja advocates and is a stranger to all proceedings filed in respect of the arbitration award dated August 24, 2018.

“Atticon Limited does further states that it was already paid the claimed sum prior to the filling of these proceedings,” said Mogaka.

 Family Bank has in its response distanced itself from the alleged forgeries, noting that it carried out due diligence on the security offered and that the documents were voluntarily executed.

In the current application filed in the high court commercial and admiralty division, Mogaka is seeking to have Barons Estate Limited added into the proceedings of that matter.

“The court be pleased to enjoin the Intended 4th Interested Party to these proceedings, does order a stay of its proceedings in this matter pending the Hearing and determination of this application,” said Mogaka

Mogaka is also seeking orders declaring that the parties who instituted the proceedings in Arbitration were strangers to the Company known as Atticon Limited.

“In that the former directors of the 1st Claimant are actively attempting to defraud the Respondent and Intended Interested Part  any event the sums claimed by the alleged Atticon Limited were paid in full on 22nd May, 2017, prior to any Arbitration proceedings ever being instituted in any manner whatsoever, that action is an abuse of the court process and also a fraud, “said Mogaka

Mogaka added that unless the court intervenes and grants sought orders, Barons Company is likely to be greatly prejudiced by the impending course of the Atticon’s escalating actions.

He added that Atticon Company did enter into a loan agreement with Pesa Print Limited on June 9, 2016 which was drawn and signed by Muriungi and Company advocates.

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