ABC Bank Owner Chatur Sued By His Lawyer For A Sh25M Compensation

City lawyer Stephen Oyugi Okero has sued ABC Bank owner Madatali Chatur seeking compensation of Sh25 million for malicious prosecution.

The lawyer wants Chatur, Ashraf Hasham Savani and their company- Right End Properties limited to pay him the money as damages.

He said the amount of for legal fees he was forced to incur as a result of crime crimes committed by the tycoon and his firm.

According to the lawyer, his legal practice suffered as he was unable to practice law following his prosecution.

He is also seeking orders to compel the tycoon, jointly and severally, to publish an apology to him, to be placed on the front page of three local dailies with nationwide circulation.

The lawyer further wants the businessmen to admit that they were the perpetrators of the crimes for which the Plaintiff was prosecuted for.

He is also seeking an order directing the Director of Criminal Investigation to investigate the officers from his department particularly inspector Wilson Mati, Inspector Abdullahi Shuria, P.C Ogutu, Inspector Daniel M. Gutu, Antipas Nyanjwa and any other officer who was involved in falsifying the investigations.

He is particularly concerned with the Forensic documents Examination Report, which incriminated him and exonerated the tycoon.

The lawyer said he was cleared the High court made a finding that was never the source of the documents with a view to disciplinary action being taken against them and their prosecution for criminally subverting the course of justice for personal gain.

He also wants court to direct the tycoons, their company and law firm jointly to remove his name from the permanent electronic media platforms on which his name was splashed across the globe.

Okero said the publications continues to be so splashed and pops up every time aT search for his name.

He said he is now permanently associated with the crimes of forgery and the fraudulent activities, which he was charged with but which he never committed.

The lawyer was charged with forging a court order and forging a notice of withdrawal of caveat, a crime he maintained he never committed at all.

He said in court documents that Chatur, Savani and Thomas Kipkoech Rutto/T.K Rutto and company advocates did not disclose in their statements to the police the origin of the court order and notice of withdrawal of Caveat.

“In particular the Chatur and Savani failed to disclose to the police that none of the forgeries the he charged in court had been handed over to the Plaintiff and did not constitute part of the documents handed over to the Plaintiff for lodging and registrations at the Lands office, on 31/1/2011 or on any other date or at all,” he said.

He stated that Chatur and Savani maliciously failed to inform the police in their statements that they had not informed the Plaintiff that the property they had instructed him to transfer was subject of civil proceedings in ELC No. 2315 of 2007 Salim Hussein Dungarwalla vs. Uzima Press Limited and Right End Properties Limited and the Registrar of Titles.

He further added that he learnt from among other statements and documents, the Statement of Benson Ngugi Njeri, Advocate for Salim Hussein Dungarwalla, that the 4 Defendant herein had given a false undertaking to the court on February 2011 and put the same in writing on the 4 ^ [t] February 2011 to the effect that L.R No. 1870/X/24 would not be transferred in favour of the company herein and would not be released to any other person until the hearing and determination of the case aforementioned.

Plaintiff stated that contrary to the injunction issued by the court in ELC No. 2315 of 2007 and his professional undertaking given to the court by the 4th Defendant herein with criminal calculations to deceive allowed company, Chatur and Savani to forward to him the original Grant No. LR 70229 for L.R. No. 1870/X/24, the duly executed Transfer in favour of the company, Receipts for payment of Stamp Dury, Land Rent and CCN Rates, Rates Clearance Certificate and consent to Transfer, without notifying him that there was an injunction issued by the court against the Transfer of the said property.

Further with intentions of hiding behind him, the tycoon withheld the information that there was a caveat lodged by Salim Hussein Dungarwalla, the Plaintiff in the land case.