A judge yesterday reversed his earlier orders freezing the assets of two Italian brothers and a local firm. However, Mr Justice Tom Mbaluto of Milimani Commercial Courts, Nairobi, said he would on June 26 give his reasons for setting aside the orders he gave on May 31 in favor of another Italian investor, Mr Renzo Dall’Agnese.
The order had restrained Mr Gainfranco Guerrato, Mr Giorgio Guerrato and Q & Q Emporium from transferring their undisclosed assets to third parties or from operating their bank accounts.
The judge’s decision followed an application filed by the two brothers and the company. Their lawyers, Mr Philip Murgor and Mr Cecil Miller, claimed the earlier orders were obtained through deceit. They said Mr Dall’Agnese had failed to disclose important facts to the judge.
The lawyers had urged the court to dismiss the orders saying they had frustrated the brothers and the operations of Q & Q Emporium. The brothers were claiming Sh 108 million from Mr Dall’Agnese, the lawyers said. The dispute, the court heard, had been put on hold by another judge, Mr justice John Osiemo, who two days earlier had referred it to an arbitrator But Mr Desterio Oyatsi, for Mr Dall’Agnese, said he filed another application because the orders he sought could not be given by an arbitrator.
