FEATURED ARTICLE

Equity Founder Munga Loses Bid to Block Sh150mn Case

Share
Equity Bank Founder and Former Equity Group Chairman Peter Munga. The tycoon has lost a battle to have a Sh150mn case against him proceed.
Share

Equity Bank founder Peter Munga’s bid to stop a Ksh150 million demand over a botched share swap deal has flopped.

In a High Court ruling issued on Monday, Justice Mary Kasango dismissed Mr Munga’s plea seeking to strike out the case filed by his friend-turned-foe, Joseph Kamau, who is seeking Sh150 million compensation from the deep-pocketed Munga.

Although the judge agreed that Mr. Kamau had taken long to file an affidavit detailing whether the directors of Bethany Vineyards Ltd granted him the authority to file the case, the judge observed that Mr. Munga had suffered no prejudice from the delay.

“The affidavit was filed six months later. No explanation was given by the plaintiffs why they delayed in filing the affidavit. Notwithstanding that delay, there is in my view, no prejudice suffered by the 3rd defendant due to that delay,” said Justice Kasango said.

Munga wanted the case dismissed in its entirety, arguing that there was no resolution from the board of directors of Bethany granting Mr Kamau the authority to file the suit against him.

The former Equity Group chairman also averred that the case had failed because Mr. Kamau did not file the affidavit within seven days as directed by Justice Fred Ochieng in November 2017.

In reply, Mr. Kamau said the directors who greenlighted the filing of the case were legitimate and had also allowed him to swear the affidavit detailing the same.

Justice Kasango said there is no requirement for a company to present a resolution indicating that it had authorised the filing of a suit or an affidavit on its behalf. She allowed the affidavit but directed the company to pay Mr. Munga the costs for late submission.

In the matter, Bethany Vineyards and Mr. Kamau have accused Mr. Munga of refusing to pay since 2011 for three million TransCentury Limited shares worth Sh150 million that he purchased from the company.

Mr Kamau had sold the shares to Mr Munga in 2011 at Ksh50 each after failing to service a Ksh40 million loan he had taken from Equity Bank. In the deal, Mr Munga was supposed to clear Mr Kamau’s loan and remit the balance to him and his company.

Mr Munga had earlier proposed an out of court settlement and offered Mr Kamau Ksh90 million which prompted Mr Kamau to return to court.

See Also>>> Kirinyaga MCAs Vote to Impeach Waiguru

Written by
BT Reporter

editor [at] businesstoday.co.ke

Leave a comment

Leave a Reply

Your email address will not be published. Required fields are marked *

PAST ARTICLES AND INSIGHTS

Related Articles
Court of Appeal (CoA) had lifted ban on sale of Safaricom
FEATURED ARTICLE

Safaricom Reviewing the Court Judgement on Vodacom transaction

Safaricom Plc has said that it takes note of the High Court...

Edha Nahdi Managing Director Amsons Group Kalahari Cement
BUSINESS

Amason Group to Construct 10 Hospitals in Kenya

Amason Group has undertaken the ground-breaking of the first of 10 mother...

NSE is in the red
ANALYSISSTOCKS

NSE Hits a Bear Run. Understanding the Cycle

The NSE (Nairobi Securities Exchange) lost KSh 139.63 Billion in market capitalization...

Fed
FEATURED ARTICLE

Federal Reserve Hikes Policy Rate to 4%. What this means for Kenya

The Federal Reserve has raised its policy rate by 25 bps to...