Law scholar Musili Wambua and Mumias Sugar Company Chairman Kennedy Ngumbau have renewed their bid to withdraw a multi-million-shilling dispute among them filed at the Advocates Dispute Tribunal.
Both Wambua and Ngumbau have written to the tribunal saying they have mutually agreed to amicably solve a dispute over a professional guarantee in which a third party had borrowed Sh10m from Ngumbau, and which Prof Wambua had hesitated to honour.
An earlier attempt to withdraw the matter by entering into deed settlement in which Wambua had agreed to surrender 513 acres of his land stalled after Ngumbau’s lawyer, John Katiku, opposed the move.
Katiku is Wambua’s ex-law partner with whom they are embroiled in separate disputes relating to their fallout. Late last year, Katiku lost a separate bid to convict Wambua in the tribunal over matters relating to their former law firm, which had ex-Vice President Kalonzo Musyoka as a partner.
“We are currently finalising on the terms of the settlement proposal, which has a high likelihood of crystallising into a consent,” Ngumbau and Wambua say in their January 17, 2019 letter to the tribunal.
In last year’s botched deed of settlement, Wambua had agreed to pay Ngumbau the Sh10 million plus Sh14 million in interest and in the alternative to surrender his 513-acre ranch in Kitui.
In return, Ngumbau was to withdraw the complaint. Wambua was also to withdraw three cases filed in regard to the complaint at Milimani Commercial Court and Court of Appeal. Upon executing the deed, Wambua wrote to the tribunal, alerting them of the settlement and seeking leave to withdraw.
But in his response, Katiku opposed the move saying the tribunal ought to proceed to judgment on the basis that Wambua’s initial refusal to honour the deed formed basis for misconduct, and that the application was premature as the debt had not yet been settled.
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