Businessman Suresh Kantaria is yet again tussling with his former wife Mradula Kantaria over the manner of sale of matrimonial properties whose proceeds they were ordered to share.
The two divorced in 2005 and the Court of Appeal directed in 2015 that properties in South C and Gigiri be sold and shared in a ratio of 3:1 in favour of the man.
Suresh owns two houses and a plot in South C and another parcel of land in Gigiri.
His former wife wants the properties auctioned and the proceeds held in an escrow account of her lawyers, a proposal that Suresh has vehemently opposed.
The businessman has instead proposed that the properties be valuated to fetch the best prices at current market rates.
"Thereafter, each co-owner will be at liberty to look for buyers and the properties shall be sold to those who offer the best prices," Suresh says in his proposal that form part of the documents in court.
He argues that such a sale process will be faster and will quickly end all the pending litigations touching on the properties.
The Court of Appeal in its judgment had directed that the proceeds be shared with the woman getting 25 per cent.
But Mradula is now seeking more. She wants the proceeds held in an escrow account from where she will be getting Sh350,000 every month being cash for her upkeep.
"I do hereby state that the monies owed to me pursuant to the said judgment of the Court of Appeal including my future maintenance until my demise since I do not intend on remarrying be paid from the sale proceeds of the said properties," Mradula says in her affidavit.
In their court battles, Mradula is seeking millions in unpaid upkeep but Suresh says he is owed more millions from the fact that Mradula continues to live on his property in Gigiri.
The Land and Environment Court had in 2022 ruled in favour of Suresh and directed Mradula to pay him Sh46 million in rent arrears after she was found to have trespassed.
At the same time, Prime Bank which is an objector in the case has turned against Suresh and is supporting the sale of properties via auction.
Justice Hillary Chemitei is set to hear the matter in April.
