The nephew of a Nairobi billionaire, who had accused him of making away with Ksh 2 billion, wants some of the lawyers representing the accused to be disqualified.
Pravin Galot claims that lawyer Karathe Wandugi and Tom Ojienda, who are representing businessman Mohan Galot and his wife Santosh Galot, should be disqualified in these cases because of conflict of interests.
“Wandugi had represented me in another related matter with this and since I am the complainant in this current case there is a conflict of interest, “said Pravin in recent court document.
Pravin added that Ojienda, on the other hand, is a member of Judicial Service Commission (JSC) where he has filed a complaint against magistrate who acquitted Mohan Galot in these cases and, therefore, he cannot represent Mohan due to conflict of interest.
The complainant, who is the director of Galot Industries Limited, added that an application for the stay of proceedings by Mohan and Santosh is an abuse of court process.
Through lawyer Kenyatta Odiwuor, he terms that application as scandalous and Vexatious.
He claims that Mohan had applied for stay at the higher courts which were all dismissed thus ordering the trials at the subordinate courts to proceed.
“Some of applications for stay at the court of appeal are pending hearing and determination,” said Kenyatta in court documents. He wants an application for stay to be struck out.
The matter was mentioned before Magistrate Francis Andayi yesterday who directed the parties to file and serve written submissions by October 8, 2017.
Pravin has denied defrauding his uncle, Mohan and instead accuses him of forgery in a bid to disinherit him and his siblings of a Sh4.5 billon inheritance.
In his sworn affidavit, Mohan had said that Pravin dropped out of university due to poor grades, a fact Pravin denies.
He produced the copy of a letter signed by Mohan in 1991 asking him to drop out of college and return from American to run the family business since everything was about to be auctioned.
“Mohan makes it seem that I did not get any credentials by choice, yet he knows that I had no alternative but to come and save Manchester Outfitters as it was closing down and had no resources to fund my education.
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Therefore, the truth is it was the company paying for my education, and not Mohan paying my fees. He is a liar!” explains Pravin, who is at the centre of a dispute with his uncle over ownership of Manchester Outfitters Ltd and which his uncle claims he renamed Manchester Outfitters East Africa Ltd and has been cashing in from clients using the new name.
“I also take issue with the Criminal Case Mohan was referring to in 2001. The truth is the case was filed through material non-disclosure and was withdrawn. Once again Mohan states that I misrepresented the Kenya Police on the payment are made in the name of MOL (EA) Ltd.
The truth is MOL (EA) Ltd was registered in 2006, so how was it in a position to receive any funds if it did not exist at the time? Thus, this is more proof that Mohan is a liar,” says Pravin, adding that Mohan’s case was thrown out.The matter will be heard on October 8, 2017.
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