Ms Ng’ang’a is accusing Dr Mutua of seizing a car belonging to her, with plans of selling it.
Ms Ng’ang’a alleges that at the time of registration of Ndash Enterprises Ltd in 2014, the company had only two directors both holding equal shares of 2,000 each.
Documents attached to the petitions show that Ndash Enterprises Ltd was incorporated on June 30, 2014.
The fight between Machakos Governor Dr Alfred Mutua and his estranged lover Lillian Ng’ang’a has taken a property angle with the former girlfriend accusing the Machakos county boss of transferring some shares in a company they jointly own.
In two separate petitions filed before a Milimani magistrate, Ms Ng’ang’a is also accusing Dr Mutua of seizing a car belonging to her, with plans of selling it.
Senior resident magistrate Selina Muchungi certified the case as urgent last month and directed Ms Ng’ang’a to serve Dr Mutua with the court documents within three days.
In the first case, Ms Ng’ang’a alleges that Dr Mutua has transferred shares in a company they jointly owned - equal shares, to a third party.
According to the documents, Ms Ng’ang’a alleges that at the time of registration of Ndash Enterprises Ltd in 2014, the company had only two directors both holding equal shares of 2,000 each and the position remained as such until or about July 2021.
She says she and Dr Mutua were the only directors of Ndash Enterprises Limited — a company associated with the A&L Hotel — holding 2,000 ordinary shares each.
But upon separating in August 2021, she said a third party was enjoined in the company as a shareholder and is now holding more shares – 2,600 – while she retained only 200 shares.
She moved to court last month seeking a permanent injunction restraining Dr Mutua or his associates from getting close to her home, workplace or unlawfully seizing any of her assets.
“The plaintif avers that the defendant fraudulently and with intent to defraud the plaintiff caused the transfer of her shares to a third party and registered the transfer with the Registrar of Companies in respect to the company without the knowledge of the plaintiff,” she said.
Ms Ng’ang’a said she lodged a complaint with Kilimani police station to investigate the matter.
Documents attached to the petitions show that Ndash Enterprises Ltd was incorporated on June 30, 2014.
A CR12 dated July 2, 2020, indicates that the company has a nominal share capital of 40,000 and 4,000 ordinary shares with a value of Sh10 each with the date of registration indicated as June 30, 2014. Dr Mutua and Ms Ng’ang’a are listed as directors/shareholders each with 2,000 ordinary shares.
But another CR12 dated August 17, 2021, maintains all the details in the July 2, 2020 CR12 but under the name of directors and shareholders, two more names have been added.
In regards to the motor vehicle, Ms Ng’ang’a accuses Dr Mutua of seizing the car from her home on September 8, 2021, and allegedly transferring it to a third party.
She sought orders blocking the sale of the vehicle, a Toyota Harrier, or transferring it to a third party, hence defeating her case.
“That unless injunction orders are issued against the defendant, the subject matter of this suit will be subjected to wanton misuse, wastage, wear and tear to the extent that by the time the matter is determined, there will be no vehicle worth its mention,” she said in the application.
She says in an affidavit that she is the legally registered owner of the vehicle having purchased it in 2014.
“Since the purchase of the said motor vehicle, I have always enjoyed its use and quiet possession all to myself up until the same was violently and without just cause snatched away from me by the defendant/respondent out of anger,” she said.
She also wants the court’s protection from further seizure of her property or alleged harassment.
