Court grants Linturi temporary debt reprieve
Photo/FILE
A court was told that Mr Linturi issued seven post-dated cheques which were returned unpaid by his bank.
A court has given an MP a temporary reprieve by suspending orders demanding him to pay a Sh14.5million loan advanced to him a month before the last general elections.
Commercial court judge Justice Alfred Mabeya allowed a plea by Igembe South MP Franklin Mithika Linturi that he be spared since auctioneers would have descended on his property.
Justice Mabeya suspended the execution of a judgement entered against the MP by Justice Muga Apondi in June 9, 2010 for a week.
The court was told Mr Linturi issued seven post-dated cheques which were returned unpaid by his bank.
He had drawn 21 cheques in favour of Touchstone Developers Limited, his creditor. (READ: MP's move to bar media in debt case rejected)
The company did not deposit 14 cheques after the seven were dishonoured.
When the MP appeared before Mr Justice Alfred Mabeya, he said that unless the court intervened auctioneers will auction his property.
“I urge this court to grant a temporary stay of execution of the orders of Justice Apondi since Touchstone has instructed auctioneers to descend on the property of the MP to recover the loan,” lawyer Sande Ligunya told the court.
Justice Mabeya directed the application seeking to stop the execution of the judgement of Justice Apondi be heard on October 19, 2011.
The MP has also appealed against the orders that he pays the company over Sh14.5million.
