Eunice Machuhi
1 July 2009
Nairobi — The hearing of a matrimonial case in which an estranged couple is fighting over distribution of property estimated at millions of shillings started on Wednesday.
Two days have been set aside for the matter which will be heard by High Court judge Festus Azangalala sitting in Mombasa, who noted that the issues raised were contentious and the trial needed sufficient time.
The case which has been filed by a Zanzibar tycoon Mohammed Bakhresa against his ex-wife Ms Nasra Abdulwahab was supposed to start in March but it was adjourned as it could not be reached.
Mr Bakhresa, who has vast businesses interests in East Africa is claiming back some of his properties estimated at over Sh130 million that he allegedly acquired while married to Ms Abdulwahab.
The billionaire is represented by lawyers John Mugisha from Uganda, Mr Alfred Mabeya, Mr Justus Munyithya and Ms Mercy Ngugi, while the wife is represented by Mr Japheth Asige.
Some of these properties which he bought in the name of gifts for his ex-wife are however registered under his name, and it is what he is reclaiming.
Among the assets that he claims to have bought during their four year marriage and which he wants returned to him include vehicles, land, residential flats and the two luxury motorboats MV Dar and MV Casaurina and cash to the tune of Sh183 million.
He currently enjoys a court order issued in 2006 by the then Mombasa judge Justice David Maraga temporarily freezing some of his ex-wife's bank accounts, an injunction restraining her and other agents from dealing with at least 12 plots of land or collecting rent accrued from the residential houses.
Since they jointly acquired the property, Mr Bakhresa is relying under the Indian law of 'Benami' which is still applicable to Kenyan Muslims and Hindus.
Under this law, a man may purchase property in the name of his wife and vice versa but he may take it back when he wants.
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