Judges revoke Sh100m divorce award
What you need to know:
- Judges Roselyn Nambuye, D Musinga and Agnes Murgor made the ruling in the case in which Mr Kantaria wanted the awards, which included a 50 per cent share of three prime properties in Nairobi and Sh80 million to Ms Suresh, quashed.
- “We are, however, convinced that she made some indirect financial contribution though not as high as the appellant because she was a minor shareholder in the family business Kenwood Trading Company Limited which was obviously the major source of the family finances,” they said.
- On the Sh10 million award to their daughter, the appellate judges noted that it was arbitrary and contrary to the law because she was not entitled to maintenance as she was not an infant with regard to the Matrimonial Causes Act.
Judges Monday cancelled a Sh100 million award to a businessman’s former wife and instead ordered that she get a Sh350,000 monthly stipend.
They also quashed a Sh10 million allowance for her daughter’s school fees awarded by the High Court 10 years ago.
The Court of Appeal judges ruled that Ms Miradula Suresh Kantaria be paid a Sh350,000 monthly stipend after businessman Suresh Nanalal Kantaria appealed the ruling by Justice Mary Ang’awa in 2005.
Judges Roselyn Nambuye, D Musinga and Agnes Murgor made the ruling in the case in which Mr Kantaria wanted the awards, which included a 50 per cent share of three prime properties in Nairobi and Sh80 million to Ms Suresh, quashed.
The judges noted that Justice Ang’awa erred in law by ordering that property owned by Tarameera Limited be transferred to Ms Suresh for her benefit and that of their children.
“She equally erred in ordering the appellant to pay Miradula Sh80 million on account of her shares or interest in Jaribu Credit Trading Company Limited.
“The court had no jurisdiction to make such orders. Further, Tarameera and Jaribu Credit were condemned unheard when the court made adverse findings against them. They were not parties to the suit,” the judges noted.
On the respondent’s demand for a 50 per cent ownership of three properties registered in the appellant’s name, the judges said they were unable to find that Ms Suresh was entitled to 50 per cent ownership.
“In our view, her indirect financial contribution towards the acquisition of the three properties can best be assessed at 25 per cent and not 50 per cent as held by the trial judge.
“We are, however, convinced that she made some indirect financial contribution though not as high as the appellant because she was a minor shareholder in the family business Kenwood Trading Company Limited which was obviously the major source of the family finances,” they said.
The judges noted that although the appellant said Ms Suresh was a heavy spender and that he single-handedly financed the family budget and her lavish lifestyle, they could not overlook the fact that her investment in the said company, financially or otherwise, partially contributed to its success.
CONTRARY TO LAW
On the Sh10 million award to their daughter, the appellate judges noted that it was arbitrary and contrary to the law because she was not entitled to maintenance as she was not an infant with regard to the Matrimonial Causes Act.
The award of Sh350,000 will be effected from May 5 and will be paid on every fifth day of the subsequent month until she dies or remarries.
Ms Suresh and Mr Kantaria were married on March 16, 1974.
The marriage was dissolved on February 18, 1999 after Ms Suresh successfully filed for a divorce.
