Mr Kagira says in fresh court filings that his siblings’ failure to file defences two-and-a-half years after being sued is inexcusable and that the suit should be set down for hearing urgently.
Simon Gashwe Mukuha and David Kimani Mukuha are yet to respond to the latest application by their elder brother.
Newton Kagira Mukuha, the eldest of three brothers fighting in court over control of supermarket chain Naivas, has demanded that the suit proceeds without responses from his siblings who have failed to file defences more than two years down the line.
Mr Kagira says in fresh court filings that his siblings’ failure to file defences two-and-a-half years after being sued is inexcusable and that the suit should be set down for hearing urgently.
The eldest son of deceased businessman Peter Mukuha filed the case in 2013 claiming that his brothers hijacked Naivas, a family business, and excluded him from the list of shareholders despite contributing millions of shillings to set up the retail chain.
Simon Gashwe Mukuha and David Kimani Mukuha are yet to respond to the latest application by their elder brother.
Mr Kagira wants the court to declare that he is entitled to 20 per cent of the giant retail chain and to award him all dividends and bonuses he has missed out on since 1998 when his brothers allegedly changed Naivas’ shareholding structure to lock him out.
“I filed a suit in this matter dated November 1, 2013 and subsequently an amended plaint on December 11, 2014.
“The defendants have failed to file their statements of defence within the required timelines.”
