Court orders arrest of companies registrar over property dispute

Regine Butt, the widow of slain businessman Shahid Butt, leaves a Mombasa court on Tuesday. She is locked in a property dispute with her co-wife Akhtar Butt. [Photo: Kelvin Karani/Standard]

A judge has issued a warrant of arrest for the registrar of companies for failing to testify in a property dispute involving rival widows of slain Mombasa tycoon Shahid Butt.

The registrar has reportedly failed to appear in court twice despite being summoned to shed light on the people behind the filing of returns for companies linked to the late Butt, who owned transport company Modern Coast, palatial homes and other high-end properties in Mombasa.

Justice Edward Muriithi issued the order on Wednesday after the registrar, who was expected in court, failed to turn up for the second time to respond to an application filed by Butt’s second widow Regine Butt accusing her co-wife, Akhtar Butt, and her son Haroon Butt of falsifying the returns.

The judge gave the orders in a case where Regine has sued Haroon, the elder son of Butt, demanding to be included in the running of her late husband’s estate.

FILED RETURNS

Regine, who is being represented by George Miyare, raised complaints against Akhtar and her son, claiming they had locked her out of the management of Modern Coast company. Regine said in her affidavit that the returns being filed at the registrar of companies were fraudulent and therefore illegal.

Butt was shot dead by unknown gunmen last year.

Regine, who wants to be included in the running of the companies, claimed the returns filed showed her late husband was not a shareholder and therefore those involved wanted to prevent her family from benefiting from Butt’s estate.

“They have transferred my husband’s shares to themselves illegally and are showing that Shahid Butt did not have shares in the company,” said Regine.

The two widows are also locked in a legal battle over who should occupy a palatial residence in Mkomani, Mombasa, which both are claiming.

 RIGHT TO LIVE

Last week, Justice Muriithi learnt that Akhtar and her son illegally evicted Regine from the house after Butt’s death.

He ordered Regine to be accommodated as she had a right to live in the house because it is the place her children call home as that is where they were living with their father before he was killed.

But Akhtar has declined to comply with the order.

She has instead instructed her lawyer, Charles Agwara, to appeal against the ruling, insisting she is the owner of the house following her husband’s death.

The judge had ordered that the two widows should live in the same house as they wait for the main case but Akhtar insisted she could not live with her rival in the same compound.

The Court of Appeal has fixed the hearing to start on July 6 while the registrar of companies is required to appear before Justice Muriithi on July 2.

Regine’s lawyer yesterday revealed that court bailiffs and police were looking for the registrar of companies in Nairobi to arrest her and take her to Mombasa Central Police before being arraigned for disobeying a court order.