Muthama’s former wife loses property dispute
Real Estate
By
Everlyne Judith Kwamboka
| Aug 03, 2019
Former Machakos Senator Johnstone Muthama’s (pictured) former wife has lost an attempt to stop him from alienating 50 per cent of his shares in two companies.
Agnes Kavindu, divorced in 1983, had asked the court to stop Mr Muthama from wasting, damaging or interfering with his 50 per cent shares in JNM Holdings Properties Limited and Rockland Kenya Limited Properties.
She filed an application to have a decision delivered by the High Court in February, that declined to stop the former senator from evicting her from the matrimonial home in Mua, Machakos County, suspended pending hearing and determination of her intended appeal.
“It will be inappropriate for it to issue injunctive orders against limited liability companies which are distinct legal entities in matter to which they are not parties,” Justice John Oyiego ruled.
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Some of the property comprising 14 pieces of land are located in Gigiri, Nairobi and Kinyali in Machakos.
Kavindu argued that the court determined the main case at an interlocutory stage.
Muthama through his lawyer, Ochieng Oduol, told the court that the application was not merited as it sought injunctive orders against property that belong to companies that are not parties to the dispute with the former wife.
The court was told that some of the company property had been charged to financial institutions.