Former Meru Senator Mithika Linturi is basking in temporary reprieve after the Court of Appeal has dismissed an application by his estranged wife, Aldai MP-elect Marrianne Kitany, over the ownership of a multi-million property in Runda.
The three-judge bench of the appellate court declined to grant orders to Ms Kitany, stopping Mr Linturi from evicting her from the house in the prestigious estate.
In their verdict, Justices Hannah Okwengu, Jamila Mohammed and Mbogholi Msagha noted that Ms Kitany has already obtained several orders from different courts, including a divorce case, barring Mr Linturi from evicting her from the house.
“The intended appeal will therefore not be rendered nugatory if we decline to grant the orders sought,” the judges noted.
Ms Kitany had moved to the appellate court after the application to be declared the absolute owner of the disputed property was dismissed by an Environment of Land court judge in February.
She argues that she is the owner of the property and that Mr Linturi only held the title in her trust.
She further claims that she contributed Sh71.4 million for the construction and furnishing of the house.
The rest of the money channelled towards the construction, acquisition and construction was provided by Atticon Ltd, where Mr Linturi is a director.
According to Ms Kitany, her ex-partner Mr Linturi did not contribute any money towards the purchase of the property although the certificate of title is registered in his name.
She told the court that Mr Linturi had previously charged the house to a bank and obtained a loan without seeking her consent and therefore, there was a real danger that he might dispose of, sell, or further charge the contested property.
On his part, Mr Lunturi opposed the case, arguing that Ms Kitany has filed multiple suits in various courts seeking the same or similar reliefs and the case before the Environment and Land court was therefore an abuse of the court process.
He further told the court that Ms Kitany had employed tactics to frustrate the determination of the divorce case, which was filed in 2018 while enjoying the temporary orders.
Ms Kitany was granted the exclusive use of the house, pending determination of divorce and property fight cases.
The legislator was allowed to access the home in November last year, for purposes of ensuring that it is well maintained and utility bills have been paid.
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