The High Court has given guidance on how the distribution of a Sh5 billion estate belonging to slain Mombasa tycoon Shahid Pervez Butt, who owned the Modern Coast business empire, will be conducted within the next 60 days.
Justice Gregory Mutai ordered that the distribution of the estate be conducted in accordance with a three-judge bench decision which distributed the properties between his two wives: Mrs Akhtar Butt and Mrs Regine Butt, and their children.
In his ruling, Justice Gregory Mutai further ordered that Sh250,000 be paid out of the estate towards the maintenance of Regine and her children every month pending the distribution of the estate.
The decision comes after Regine filed a petition saying Akhtar's son, Haroon, was not complying with the judges' order. She said that an order directing the transmission of shares in various companies to parties had not been enforced due to the refusal by the deceased’s son to cooperate.
“Haroon Butt has refused to cooperate with Regine in the administration of the estate and enforcement of the orders issued by the court, instead he is engaged in actions aimed at concealing the estate beyond trace,” part of the application stated.
Through lawyer Peter Kaluma, Regine told Justice Mutai that Haroon and his mother Akhtar are directors of the companies and that transmission of the shares requires their (directors) credentials.
Among the companies that the judges ordered distributed between the deceased tycoon family members include Blue Bell Properties Ltd, Modern Coast Builders & Constructors Ltd, Pribhai Jivanjee and Company Ltd and Vantage Point Clearing and Forwarding Ltd.
Others are Modern Coast Road Transporters Ltd, Vantage Road Transporters Ltd, Modern Coast Express Ltd and Modern Coast Courier Ltd.
The bench had directed that Akhtar and Regine receive 6.25 per cent each of the properties while Haroon gets 35 per cent. The two minors were to get 35 per cent and 17 per cent each.
The judges had further directed that seven parcels of land be distributed among them on the same percentage.
Four bank accounts in the UK, Bermuda, British Isles and Imperial Bank Ltd were listed in the suit documents. Only the one in the UK was distributed among them.
The court noted that a number of motor vehicles were alleged to belong to the tycoon but according to the documents presented before it (court), only two belonged to him.
According to the court, the two vehicles are available as property of the estate for distribution as per the formula used in distributing other assets.
Shahid was gunned down by unknown people on July 11, 2014 in Changamwe as he drove from Moi International Airport, Mombasa.
“Since the deceased died, the company remained in exclusive control of the first interested party (Haroon Butt) in spite of the orders of the court which granted the petitioner (Regine) as an administrator,” Mr Kaluma told the court.
Mr Kaluma told the court that despite Haroon not transmitting the shares to other beneficiaries, Modern Coast buses were not operating anywhere.
Regine also wanted Haroon removed as a Trustee of the two minors, and also wanted Sh20 million paid out of the estate towards the maintenance and their (Ms Regine Butt and kids) upkeep pending distribution of the estate.
Through lawyer Charles Agwara, Mr Haroon Butt had opposed the application saying that it had no legal basis and that issues being raised were subject to the dispute in the judgment delivered.
“It is common knowledge for shares to be transmitted there has to be cooperation between parties, the interested party has not refused transmission, he is willing and ready to comply,” said Mr Agwara adding that there has to be goodwill from other parties.
The lawyer who wanted the application dismissed said that the estate was intact and that buses that form part of the estate of the deceased are operational on the road.
“Given the substratum of the application has been heard and determined on its merits by a three-judge bench, this court is functus officio and cannot purport to reopen and re-engage the same on its merits,” argued Mr Agwara.
He argued that the application is an attempt to lure the court into reviewing the judgment of a three-judge bench in what would be an affront to the procedure.
