Bingu children given 7 days to pay lawyers or face bankruptcy
The Supreme Court of Appeal has given children of former president the late Bingu wa Mutharika seven days to pay private lawyers Messrs G. Nankhuni and Partners K3.5 billion or be declared bankrupt.
A court order document dated May 7 2014 addressed to the estate of the late Mutharika says failure to comply with the requisition is tantamount to an act of bankruptcy.
The notice has already been served to Duwa Mutharika Mubaira, Tapiwa Mutharika and the estate.
In mid-March, the Supreme Court of Appeal ordered the late Mutharika’s family to pay K3.5 billion to a law firm that processed letters of administration of his estate.
In the ruling, Judge Richard Chinangwa ordered that the law firm was at liberty to enforce the Commercial Court order that the Mutharika’s daughters pay the legal fees as demanded.
The Supreme Court dismissed the application filed by Tapiwa and Duwa which sought to stop paying K3.5 billion payment, being the five percent of Mutharika’s deceased estates.
Reads the third judgment order paper: “Take notice that within seven [7] days after service of this on you, excluding the day of such
service, you must pay to Messrs G. Nankhuni and legal practitioners for the judgment creditor …or their agent duly authorise the sum of K3 573 912 968 claimed by the judgment creditor as being the amount due on a final judgment or order obtained by judgment creditor against you in a court.”
“…dated 4th November 2013, whereon execution has not been stayed or you must secure or compound for the said sum to the judgment debtor satisfaction or to the satisfaction of the court or you must satisfy the court you have a counterclaim, set-of, or cross-demand against the judgment creditor which equals or exceeds the sum claimed by judgment creditor and which you could not set up in the action or other proceedings in which the judgment or order was obtained.”
In November last year, the Supreme Court granted the Mutharikas a stay order that effectively stopped payment of the K3.5 billion legal fees, pending inter-parties hearing.
