A multi-billion shilling estate dispute between two widows of alleged terror financier Shahid Bhutt, took a new twist after Mombasa High Court ordered that it proceeds to full hearing.
Justice Edward Murithi dismissed an objection by the deceased’s first wife Akhtar Bhutt, seeking to halt the matrimonial property dispute. Akhtar had raised an objection against an application by the second wife Regine Bhutt, who moved to court to lay claim to the deceased’s multi-million property.
In her objection, Akhtar argued that a dispute over matrimonial property is supposed to be filed by two spouses and not between co-wives.
Regine went to court after being evicted from the palatial home in the exclusive Mkomani area of Nyali estate. Before the death of Bhutt in July last year, Regine is said to have been living in that said house with Akhtar’s son Haroon, who allegedly invited his biological mother to live in the same house, after his father’s death, sparking the legal dispute.
The High Court ordered that the dispute proceeds to full hearing to determine the shares each is to get from the deceased’s estate, which include a fleet of buses, trucks, real estate, among others.
Regine went to court in September last year, seeking orders to have Akhtar and her son evicted from the matrimonial home.
In the suit papers, she claims Akhtar and Haroon evicted her from the matrimonial home immediately after the death of her husband. She also claims that after the death of her husband, she no longer gets money to assist her two children.
She wants the court to determine her shares in the multi-million estate.
“I was the wife of Shahid Pervez Bhutt. We lived together as a family in house number 1, situated on Mombasa Mkomani Road, Mombasa,” says Regine.
She states that they were blessed with two children; the eldest born on May 21 2010, and second child born on April 18 2012.
“Akhtar who is the first wife of my late husband, has long been separated from him and was living in a separate residence,” she states.
She accuses Akhtar and Haroon of locking her out of her matrimonial home thus denying her and her children all their belongings there in.
Regine wants the court to issue an order evicting Akhtar from the house adding that she is not qualified to be in that house as she had been given another house by her late husband after they separated.
Meanwhile, Akhtar insists she never left her late husband and hence, has a right to live in the house in question. She alleges she never divorced Bhutt.
Justice Muriithi in his ruling, said he was satisfied that the issues raised by Regine were reasonable.
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“....the facts of the case as pleaded by Regine appear to demonstrate a reasonable cause of action,” ruled the judge.
Bhutt died on July 11, 2014, at Changamwe after being shot by unknown gunmen while driving to his office along Lumumba Road from Moi International Airport. At the time of his daeth, he was under police investigation over alleged financing of terrorism in Mombasa.
Anti-terrorism police had moved to court seeking to compel Bhutt to sign a police bond accepting charges they had leveled against him. He died before the case could be determined.