Bingu family disputes K3.5bn legal fees

The family of former president the late Bingu wa Mutharika has queried the Letters of Administration lawyers Gift Nankhuni and Partners obtained describing them as irregular and invalid.

The lawyers are demanding K3.5 billion (about $8.7m) as legal fees for processing of letters of administration in respect of Bingu’s estate.

But in defence, Bingu’s children, Duwa and Tapiwa, argued that because the Letters of Administration are irregular, Gift Nankhuni and Partners are not entitled to five percent claim (amounting to K3.5 billion) of the estimated K61 billion (about $152m) estate.

In the defence filed by Mbeta and Company at the registrar of the High Court (Commercial Division) in Lilongwe on Tuesday, the family has also denied that the late Mutharika is valued at K61 billion.

Duwa and Tapiwa further argue that they did not engage the assessor, Yeremiah Chihana of YMW Property Investment Company Limited.

They have also faulted Chihana for making an application for the Letters of Administration before the Zomba District Registry of the High Court when “he knew or ought to have known that under the relevant law, Letters of Administration could only be granted by the Principal Registry of the High Court of Malawi.”

In June, Gift Nankhuni and Partners, in a default judgement, were awarded K3.5 billion but the Mutharika family stayed it.

Duwa and Tapiwa argued that the Mutharika family was not served the writ of summons as claimed by Gift Nankhuni and Partners.

The Mutharika family contended that the writ of summons that was supposedly to be served on them were sent to a wrong address; hence, the non-receipt.