Bingu family queries K3.5bn legal fees

Lawyers for former president, the late Bingu wa Mutharika’s family on Wednesday told the Supreme Court of Appeal that Justice Ken Manda’s order to give Francis Nyarai Ndende of Franklin & Company over K3.5 billion (K9.2m) as legal fees was erroneous.

Last year, High Court judge (Commercial Division) Manda entered a summary judgement in a case where Ndende, through lawyer Gift Nankhuni, demanded K3.5 billion (which is supposed to be five percent of Bingu’s estate) for processing Letters of Administration of Bingu’s estate.

Lawyers Julius Nyambo, Modecai Msisha, Frank Mbeta and Necton Mhura, on Wednesday pleaded with Supreme Court of Appeal judges, Justices Dr Jane Ansah, Frank Kapanda and Anaclet Chipeta to reverse the decision.

They argued that the lower court erred in fact and law in entering the judgement because the value of the estate was unknown and remained in contention between the parties.

“The lower court erred in law and in fact in finding that the appellant instructed the respondent to obtain Letters of Administration on their behalf when there was clear defence that the instructions were given by Yeremiah Chihana of YMW Property Investment Limited, hence the appellants were not privy to the contract between the respondent and Yeremiah Chihana,” argued the lawyers.

They also wondered why such an amount of money was awarded when it was clear from the record and the appellants’ own averments that the Letters of Administration purported to be obtained, supposedly on instructions by the appellants, only related to a part of the estate ‘which meant less value than that in respect whereof the five percent was based.

The family lawyers told the Supreme Court that the High Court judgement failed to take into account that the purported value of the estate included property in a trust which is exempt from duty.

The Supreme Court will set a date for the ruling.