Investor claims employees’ colluded to defraud him Sh1b hotel

KILIFI, KENYA: A German investor has accused two former employees of forgery and attempting to steal his multi-billion hotel in Watamu.

‘Temple Point Resort’ formerly Salama Beach Hotel owner Hans Juergen Langer and wife Zahra Langer have accused the hotel former Italian Regional Director Stephano Uccelli and former Assistant Accountant and Managing Director Issac Rodrot Mwaura of colluding to steal shares and money from the hotel he acquired legally following a debt owed to him by Salama beach mother company Ventaglio International SA.

Langer accused the two employees of forging over 40, 000 shares and stealing over Sh8.4 million.

The hotel that sits on an 11.10 Acres with an isolated expansive access to the Indian Ocean has been in a constant legal dispute since 2010.

"We gained ownership to the hotel back in May 27 2008 following judgment from the Court of Appeal in Milan allowing us to recover the debt from Ventagio International SA the mother company to Salama Beach Hotel that owed my company Accredo AG some colossal amount of money running into billions," said Langer.

Langer through an affidavit filed in court before Lady Justice Dorah Chepkwony, said that by the time he took possession of the Hotel, Uchelli and Rodrot were employees of the hotel with no shares.

The president of Viaggi Del Ventaglio, Bruno Colombo and Mario Scotica Muzi testified before trial Judge Dr. Cantu Rajnoldi Di Franco in Italy that they had nothing to do with servants at Salama Beach Hotel since it had been put under insolvency.

A report from Criminal Investigations Department CID ascertains that Langer’s company Accredo AG was offered Salama Beach Hotel by Bruno Colombo after they failed to pay the 825,000 euros in a cession matter that was ruled in Italy.

Langer said that in July 14 2015, the High Court in Malindi ordered that the registrar of companies change and include his name and his wife’ as shareholders of Salama Beach Hotel Limited as per a decree dated December 21 2010 by Justice Ibrahim Mohamed.

In a letter presented in court from the registrar of companies as at February 12 2018, Langer and his wife Zahra Langer both own a total of 90, 000 shares amounting to Sh2 million.

He said after taking over the hotel, he pumped in over 840,000 euros to boost the financial capability of the hotel since it was on the verge of collapsing.

"I pumped 290, 000 euros, on March 12 2010, 150, 000 euros on May 14 2010, 150, 000 euros on June 25 2010 and 250, 000 euros on July 14 2010," said Langer. 

The CID report said that Temple Point Resort registered as Salama Beach Company had Ucelli as regional director of the hotel and his authority ceased following the insolvency of the mother company with its 44 other companies in Europe.

The letter from CID indicates that Rodrot had been appointed as an Assistant Accountant from December 1 1990 with a salary of Sh4, 875 per month and a house allowance of Sh 650 per month.

It says that Rudrot pay increased to Sh134, 300 as he was working as an administration and Ucelli recommended that he be allotted 40, 000 ordinary shares at Sh20 per share and appointed director of Salama Beach Hotel.

Langer said that Rudrot attempted to legalize his fraudulently acquired shares following a fraudulent resolution dated February 9 20101 and attempted to sell the shares back to Accredo AG at Sh80 million.

“Rodrot falsely created a special resolution dated June 4 2010 and was signed by himself as director with intention to defraud Salama Beach Hotel,” read Langer’s statement in the CID report.

The CID proceeded to recommend that Ucelli and Rodrot be charged with six charges of obtaining registration of Salama Beach Hotel by false pretense

It was alleged that on diverse dates between February 2 and 23 1010, June 4 2010, July 21 2010, August 6 2010, April 12 2012 at unknown place in Kenya jointly with others with intent to defraud and without color of right being employees of Salama Beach Hotel limited as a Director and Assistant Accountant respectively by false pretense obtained registration of Salama beach hotel limited purporting to be genuine and issued and signed by registrar of companies. 

They were also to be charged with stealing 840 euros from Accredo Ag on diverse dates between March 16 and July 14 20101 at Kilifi Barclays Bank.

Langer claims that the transfer of 40, 000 shares on 19 December 2005 was forged and done without authority of the shareholders and no resolutions were made to support such a transfer.

He said that the power of the attorney did not give Isaac Rodrot any powers to transfer the 40,000 shareholders’ shares to himself.

“Rudrot was a non-shareholder and purported to transfer shares that he did not own himself. The authenticity of documents was under investigations,” said Langer.

He said that the same power of attorney was limited to operating a bank account and securing a debenture for the company and not to authorise transfer of shares.  

Langer said that in April 15 2015 Justice Chitembwe ordered that the company status be as it was as at December 14 2009 where Langer and his wife Zahra Langer were owners and sole shareholders.

He said Ventaglio International SA, Dr. Arcuri Ignazio, D.SSA Dal Moro Magdalena and AVV. De Cesari Patrizia, had denied that Rodrot had any power to represent Salama Beach Hotel in a litany of litigations.

However Ucelli and Rodrot insist that they are the rightful owners of the hotel and that the Court of Appeal had upheld a High Court decision to have the hotel given back to them.

Langer questioned how the two came to own the hotel since they were mere employees of the hotel by the time he took over the hotel.

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