NAIROBI: The Court of Appeal has slashed the Sh80 million awarded to the estranged wife of businessman Suresh Nanalal Kantaria to Sh350,000.
The High Court had also ordered the businessman to give his wife Miradula Suresh Kantaria a 50 per cent shareholding in some of the limited liability companies that existed during their marriage, but the appellate judges varied it to 25 per cent.
In the judgment by Judge Mary Ang'awa over 10 years ago which has been the subject of the decade-long appeal, the judge had awarded Miradula Sh80 million as compensation for her shares in Jaribu Credit Trading Company and any other firms owned by the businessman.
But the appellate judges said the lower court erred in ordering the businessman to pay his estranged wife the Sh80 million for her shares in the companies, saying the court did not have jurisdiction to make such a pronouncement.
Ms Ang'awa had also awarded Miradula Sh10 million for maintenance and the businessman's daughter, Meera Kantaria, a similar amount for schooling. However, the appellate judges Monday slashed Miradula's monthly payment for maintenance to Sh350,000, arguing that it was enough for her upkeep.
READ MORE
"Consequently, we set aside the order for lump sum payment of Sh10 million and order that the appellant pays to the first respondent a monthly sum of Sh350,000 with effect from May 5 and thereafter on every fifth day of subsequent months," said the judges.
Court of Appeal Judges Roseline Nambuye, Daniel Musinga and Agnes Murgor also ruled that the businessman's daughter does not qualify for further maintenance from him.
"Meera is now 26 years or thereabout and at that age she does not qualify to get any statutory maintenance from the appellant. The appellant paid for her education up to university level and has also paid substantial amount for maintenance," ruled the judges.
In the verdict, the judges said Miradula did not demonstrate that she had made any direct financial contribution towards the acquisition of the companies.
CRIPPLE BUSINESS
They added that the judge who gave the verdict did not state why she deemed it appropriate to order lump sum payments in favour of the mother and child.
"Ordinarily, a lump sum payment should not be awarded where the effect of such an order would be to cripple a business or cause unnecessary hardship to realise the amount ordered by court to be paid," said the judges.
The businessman named Miradula, Samina Mohamed Ishaq, Meera, Tarameera Limited, Jaribu Credit Traders Limited and Kenwood Trading Company Limited as the respondents in the appeal.
Kantaria and Miradula were married on March 16, 1974, in Mombasa and later moved to Nairobi. They have three children. One of the children is deceased. The judges also ruled that one of the children was an adult when the High Court awarded her the money.
