Nairobi — A tycoon who was ordered to pay his wife Sh92 million in a divorce settlement has now filed an application seeking to stay the court's decision pending appeal.

When he was granted the divorce in January 2008, Dr Kuwaljeet Rekhi agreed to part with the money which he was to pay his ex-wife Gurbeen Kaur but later filed an application seeking to have the agreement set aside.

He had claimed that new issues had arisen and he intended to raise them in court before a final settlement was arrived at.

He had also said that he intended to raise an issue on jurisdiction, on whether the court has power to hear the case while the properties in question were out of the country.

The application was however dismissed by Justice Joseph Sergon in July this year who noted it lacked merit and sufficient grounds to support it.

When the case was mentioned before Mombasa High Court judge Mohammed Ibrahim yesterday, it emerged that Ms Kaur had appointed a new firm Lubulela and Machanja to represent her in court.

However, Dr Rekhi through the firm of A.B Patel said that the new firm could not file a reply to the application as they were not properly on record.

The court was told that the new firm had filed a replying affidavit to the issues raised by Dr Rekhi, on November 6, 2009 before it even came on record for the other party on November 9, 2009.

The new firm however said it was properly on record.

The divorce was granted by former Mombasa High Court judge David Maraga who dissolved the 20 year marriage noting the union had irretrievably and irreparably broken down, and all attempts to reconcile them had failed.

"In the circumstances, I find that there is nothing left of their marriage and I accordingly grant the petitioner's plea for divorce," the judge said in his judgment.

The estranged couple had agreed to share their properties in Kenya and Britain, where Mrs Rekhi was entitled to cash and property valued at an estimated Sh92 million, among them a family house in London and a vehicle.