Lawyer George Oraro, for Kurume Property Trustees, before Justice Alfred Mabeya, where he argued that the case was not properly at Milimani law court son Wednesday 24, June 2015.
BY SAM ALFAN.
Trustees of mulch-billionaire Njenga Karume on Wednesday said a civil suit against them by his children is misplaced.
Senior counsel George Oraro who is acting for the trust headed by Ngugi Waireri yesterday told High Court judge Alfred Mabeya that there was an ongoing succession suit at the Family Division which should be concluded first.
The courts Family Division handle’s succession or family matters while Civil Division hears cases that involve claims for property, debt or damages.
The suit in the Family Division is before justice Lydia Achode in which the three challenge their father’s will.
Making submission before the judge, Oraro said the suit which has been filed at the Civil Division is an abuse of court as the children should have waited for the Family Division to give out its judgment.
“The suit seeks to waste courts time as there is a succession suit filed in 2014 pending at the Family Division,” he said.
The lawyer said Lucy Karume, Samuel Karume and Albert Karume used facts from the affidavits of the trustees in the Family Division to build up their current case in the Civil Division.
The children accuse Waireri, Mary Nduta and Ngugi Gatabaki of interfering with Pizza Garden in Westland’s, Nairobi which is among the late Defence minister empire. Pizza Garden has a reputation of preparing finger licking pizza’s made from a traditional brick oven.
They accuse the trustees of operating in an opaque manner, neglecting them and failing to pay school fees and medical bills for Karume’s grandchildren.
Lawyer Peter Munge for the children yesterday said the trustees have never provided the beneficiaries with any books of accounts since Karume passed on.
He said the trustees have been conniving to lock out the children from the estate by operating in an opaque manner.
Munge said the children wanted the trustees barred from managing the estate as they have been operating in secrecy.
“The trustees have not conducted themselves as expected. The reason the beneficiaries moved to this court is because they want the estate preserved before they are removed,” Munge said.
He said the children have never seen a copy of the will drawn by Karume as they were only taken through a TV presentation.
The judge will give out a ruling within 60 days.