Tycoon’s family fighting over the control of Sh5 billion property
What you need to know:
- Ms Regine Butt is also seeking Sh1.5 million each month from bank accounts, incomes and profits of Modern Coast Express Ltd and Vantage Road Transporters Ltd for upkeep.
- “There is no information which is alleged to have been obtained from Ms Regine Butt by Prof Mumma,” said Mr Agwara, adding that there is no ground whatsoever to bar Prof Mumma from acting in the proceedings.
The widow of slain Mombasa tycoon Shahid Pervez Butt wants a law firm barred from representing his son and mother in a property dispute.
Ms Regine Butt is seeking orders that Prof Albert Mumma & Co Advocates be disqualified from representing Mr Haroon Butt and Ms Akhtar Butt in the suit regarding the tycoon’s estate.
Through lawyer Peter Kaluma, who is also Homa Bay Town MP, Ms Regine Butt said Prof Albert Mumma, through his firm, was a partner in Lumumba, Mumma and Kaluma Advocates.
Mr Kaluma told the court that Prof Mumma, in his individual capacity, acted for the tycoon in several matters brought by Ms Akhtar Butt.
“Akhtar sought orders granting her control and possession of the property to the exclusion of Butt and his then wife,” said Mr Kaluma, adding that Prof Mumma was involved directly in one of the matters.
Lawyer Charles Agwara, representing Mr Haroon Butt and his mother, opposed the application by Ms Regine Butt.
Mr Agwara told the court that Ms Regine Butt is not a director in any of the companies owned by the tycoon.
“There is no information which is alleged to have been obtained from Ms Regine Butt by Prof Mumma,” said Mr Agwara, adding that there is no ground whatsoever to bar Prof Mumma from acting in the proceedings.
PETITIONED THE COURT
According to one of the succession cases, Ms Regine Butt and her mother Roselinde Gudrun Ostertag have petitioned the court to grant them letters of administration ad colligenda bona defuncti (a person appointed by a court until a long-term administrator is found) for preservation of the estate.
Ms Regine Butt is also seeking Sh1.5 million each month from bank accounts, incomes and profits of Modern Coast Express Ltd and Vantage Road Transporters Ltd for upkeep.
Yesterday, Mr Agwara said the court had not been told any prejudice Ms Regine Butt would suffer if Prof Mumma acts for Mr Haroon Butt and his mother.
In his affidavit, Prof Mumma said his firm has never acted for or interacted with Ms Regine Butt, hence they are not in possession of any privileged information from her.
Mr Justice Edward Muriithi will rule on the matter on February 6.
