Supreme Court backs Bingu estate, overturns K3.5bn legal bill ruling
The Malawi Supreme Court of Appeal yesterday reversed a High Court order for the family of former president the late Bingu wa Mutharika to pay lawyer Francis Ndende K3.5 billion (US$7 478 632.5) as administration fees.
In 2013, Lilongwe-based High Court (Commercial Division) Judge Ken Manda entered a default judgement that awarded Ndende K3.5 billion as legal fees for processing letters of administration in respect of the estate.
But a panel of three appeal judges comprising Andrew Nyirenda, Frank Kapanda and Dunstan Mwaungulu said the lower court’s decision was not accurate.
The Supreme Court panel noted that the K3.5 billion claimed by Ndende as fees entitlement was questionable considering that the actual value of the estate has not been formally established since the reported K61 billion is under dispute.
The three judges also noted that Ndende did not carry out all the required activities as required by law in Table 8 of the Legal Practitioners (Scale and Minimum Charges) Rules of the Legal Education and Legal Practitioners Act 3:04 to qualify for five percent of the gross value of the estate.
Said the judges: “For a legal practitioner to qualify for five percent legal fees, three things have to be done; obtain letters of administration, complete the assessment of the gross value of the estate and obtain a final discharge of the estate.
“[Mr.] Ndende simply obtained letters of administration, but did not undertake the other two tasks [in order] to entitle him to the statutory five percent minimum legal fees.”
The court also observed that the letters of administration Ndende obtained were only for part of Bingu’s estate which, at the time, was not being covered by the will the former president left.
The three-judge panel also wondered why the letters of administration were obtained from Zomba District Registry of the High Court of Malawi when High Court branches do not have jurisdiction to grant probate or letters of administration as stated in rule 2(2) of the Courts (High Court) (Procedure in District Registries) Rules under the Act 3:02.
The Supreme Court said should Ndende decide to claim in court for the work he did, the application should be heard through full trial in the High Court (Commercial Division) in Lilongwe to enable the Mutharika family to defend the claim.
They further ordered that the case should be heard before another judge.
The Mutharika family was represented by lawyers Modecai Msisha, Necton Mhura, Frank Mbeta and Julius Nyambo.
Lawyer for Ndende, Gift Nankhuni, said he needed more time to go through the judgement before taking questions.
This is another cash gate, but for a lawyer. These lawyers are thieves. How can one claim 3.5 billion as administrative fee. The judges have even said the lawyer did not even do the other two tasks. Please lawyers, can you stop stealing. You are worst thieves in Malawi.
May I request the daughters and family of Bingu NOT to give this lawyer even K1 million. He does not deserve it. Many of you lawyers lie that you are fighting for justice. But your motive is to make millions out of nothing. If you are for justice go to prisons and identify poor suspects and defend them free like what many lawyers do in South Africa.
We know Bingu stole from Malawians, but the lawyer should not steal his family. The court should throw away this case. Claiming K.3.5 billion is pure stealing. What is different from cashgate? Search me!