Widow, stepson takes battle for control of millionaire's asset to court

The Forty Thieves Beach Bar in Diani. The establishment is facing management and ownership disputes. A woman and her stepson are claiming ownership after the death of the principal shareholder last year. [Joackim Bwana, Standard]

A widow and her stepson are fighting over a beach bar whose owner died recently.

Ann Muthoni Staudte is locked in a legal battle with her stepson, Antony John Barbour.

Anthony has claimed to be a beneficiary of his father George Barbour's Forty Thieves Beach Bar in Diani.

Ms Staudte said she inherited 50 per cent of the business through the will of her husband, George Barbour.

She said she was afraid Antony would withdraw all the money in the business’ accounts and dispose of the assets, then run away while the case was ongoing.

She claimed that Antony had moved into the premises and had started selling off the stock.

She said she feared that Anthony might tamper with the books of account since he had control.

“Antony has never been involved in the running of the business and has no idea how the bar operates," said Staudte. "As such, it is possible that the bar will suffer losses."

Justice Mugure Thande issued an injunction last year in December stopping Antony from selling the company’s assets pending the hearing and determination of the suit.

“For avoidance of any doubt, the running of the business and accounts is put on hold until the hearing and determination of the application,” said Justice Thande.

Staudte on Friday told Justice Erick Ogola through an affidavit that she and her husband had been majority shareholders and signatories to all the business’ bank accounts.

“I am a wife of the late George Barbour and more importantly the majority shareholder of the business. I own 50 per cent of the shares,” said Staudte.

Through her lawyer, Gikandi Nguibuni, the widow said that Antony had been a dormant director in the business and had no idea how the bar had been operating.

“My late husband had been involved in the management of the bar until his demise on October 3, 2018. This explains why I am a signatory to the account,” said Staudte.

Mislead court

She claimed that Anthony had misled the court into issuing an injunction stopping her from operating the business by lying that she had withdrawn Sh2 million and put it to personal use.

Staudte said she used the Sh2 million to stock up the bar given the high demand during the festive season.

“The plaintiff deliberately mislead the court that I withdrew Sh2 million for personal use, yet I used the money to stock up alcohol," said Staudte.

Antony said Staudte was his father’s girlfriend and had no power to take over or run the business. He said he was a director of the business with 300 shares and that the alleged transfer of 500 shares to Staudte by his father had not yet been formalised. He added that she was not listed as a shareholder.