Some time back we heard a divorce granted by CAB Kenya was questioned in the Court and possibly reversed by Kenyan Justice system. Now a Judgement by the International CAB has also been challenged in Kenya Court.
This section will contain any pertinent information, news and comments pertaining to CAB's legitimacy in Kenya.
CAB's legitimacy questionned in Kenya
CAB's legitimacy questionned in Kenya
Last edited by Admin on Mon Jul 31, 2017 3:04 pm, edited 1 time in total.
https://www.standardmedia.co.ke/article ... al-polygam
Mombasa billionaire to pay his wife Sh100 million for "illegal" polygamy By Willis Oketch | Published Mon, July 31st 2017 at 00:00, Updated July 30th 2017
Ali Punjani Ali Punjani A Mombasa tycoon has gone to the High Court to challenge an Islamic tribunal's award of Sh100 million to his estranged wife.
The Ismaili International Conciliation and Arbitration Board had in December 11, 2015, ruled that Ali Badrudin Punjani should "pay $1 million in full within six weeks," or face a 12 per cent interest penalty for each month he defaulted since the time the judgement was made. He was slapped with the penalty after his wife, Taurant Punjani, accused him of marrying a second wife without her consent. Cumulatively, based on the calculations of the judgement, the tycoon owes Sh119 million, including accrued interest after defaulting in payment of the fine. Taurant had sought the equivalent of $10 million and $22,000 dollars in monthly allowances as long as Punjani remained in what she describes as 'a polygamous union' that allegedly began on August 2, 2010. Besides the Sh100 million, Punjani was ordered to pay a monthly upkeep of Sh350,000. The amount was to be paid as long as their marriage remained legal or until there was a divorce.
The dispute between Punjani and Taurant has raged since October 2010, when she filed a disciplinary complaint against her husband to the Aga Khan, the spiritual leader of Ismaili Muslims, accusing him of entering another marriage with Maria Ali alias Kim Sharma, a musician from India.
The matter was referred to the Ismaili International Conciliation and Arbitration Board, which invited Punjani to defend himself but he failed to appear before it in person despite filing a written defence. "Punjani failed to obtain a valid divorce from Taurant and as a result is still married to her and will continue to be married until he obtains valid divorce certificate," the board says in the ruling dated December 11, 2015. Punjani has rejected these findings and now wants the High Court in Mombasa to overturn the tribunal's ruling.
In an affidavit filed at the High Court on Friday 28, July, 2017, Punjani contests Taurant's argument that they were legally married when he married Maria Ali. He insists he divorced Taurant before the Kadhi Court, in accordance with Islamic law, before marrying the musician. Taurant argues that she was still legally married to Punjani, a contention upheld by the tribunal, which also alleges there is no proof he married Ali. According to Taurant, she married Punjani on November 26, 2000 at Tudor Jamal Khana in Mombasa but he kicked her out in June 2009. She says they have three children together. Wife tells court Punjani says he divorced Taurant on June 11, 2009.
Mombasa billionaire to pay his wife Sh100 million for "illegal" polygamy By Willis Oketch | Published Mon, July 31st 2017 at 00:00, Updated July 30th 2017
Ali Punjani Ali Punjani A Mombasa tycoon has gone to the High Court to challenge an Islamic tribunal's award of Sh100 million to his estranged wife.
The Ismaili International Conciliation and Arbitration Board had in December 11, 2015, ruled that Ali Badrudin Punjani should "pay $1 million in full within six weeks," or face a 12 per cent interest penalty for each month he defaulted since the time the judgement was made. He was slapped with the penalty after his wife, Taurant Punjani, accused him of marrying a second wife without her consent. Cumulatively, based on the calculations of the judgement, the tycoon owes Sh119 million, including accrued interest after defaulting in payment of the fine. Taurant had sought the equivalent of $10 million and $22,000 dollars in monthly allowances as long as Punjani remained in what she describes as 'a polygamous union' that allegedly began on August 2, 2010. Besides the Sh100 million, Punjani was ordered to pay a monthly upkeep of Sh350,000. The amount was to be paid as long as their marriage remained legal or until there was a divorce.
The dispute between Punjani and Taurant has raged since October 2010, when she filed a disciplinary complaint against her husband to the Aga Khan, the spiritual leader of Ismaili Muslims, accusing him of entering another marriage with Maria Ali alias Kim Sharma, a musician from India.
The matter was referred to the Ismaili International Conciliation and Arbitration Board, which invited Punjani to defend himself but he failed to appear before it in person despite filing a written defence. "Punjani failed to obtain a valid divorce from Taurant and as a result is still married to her and will continue to be married until he obtains valid divorce certificate," the board says in the ruling dated December 11, 2015. Punjani has rejected these findings and now wants the High Court in Mombasa to overturn the tribunal's ruling.
In an affidavit filed at the High Court on Friday 28, July, 2017, Punjani contests Taurant's argument that they were legally married when he married Maria Ali. He insists he divorced Taurant before the Kadhi Court, in accordance with Islamic law, before marrying the musician. Taurant argues that she was still legally married to Punjani, a contention upheld by the tribunal, which also alleges there is no proof he married Ali. According to Taurant, she married Punjani on November 26, 2000 at Tudor Jamal Khana in Mombasa but he kicked her out in June 2009. She says they have three children together. Wife tells court Punjani says he divorced Taurant on June 11, 2009.
Related thread:
Shia Imami Ismaili Conciliation and Arbitraion Boards (CABs)
http://www.ismaili.net/html/modules.php ... pic&t=7896
Shia Imami Ismaili Conciliation and Arbitraion Boards (CABs)
http://www.ismaili.net/html/modules.php ... pic&t=7896
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ICAB Kenya and their rulings....
An Ismaili muslim tycoon has gone to the High Court in Kenya, to challenge an Ismaili Islamic tribunal's award of Sh100 million to his estranged wife. The Ismaili International Conciliation and Arbitration Board in December 11, 2015, ruled that Ali Badrudin Punjani should "pay $1 million in full within six weeks," or face a 12 per cent interest penalty for each month he defaulted since the time the judgement was made.
Punjani has rejected this ruling and now wants the High Court in Mombasa to overturn the tribunal's ruling.
Under Kenyan law ICAB international conciliation and arbitration awards were ruled are illegal and invalid in 2016. Only the Kadhi Muslim courts awards are valid. Kadhis’ Courts are established under Article 170 of the Kenyan Constitution. Their jurisdiction is on questions of Muslim Law relating to personal status, marriage, divorce or inheritance link http://kenyalaw.org/caselaw/cases/view/100026/ http://kenyalaw.org/caselaw/cases/view/122800/ -
In an affidavit filed at the High Court on Friday 28, July, 2017, Punjani contests Taurant's argument that they were legally married when he married Maria Ali. He insists he divorced Taurant before the Kadhi Court, in accordance with Islamic law, before marrying the musician. Taurant argues that she was still legally married to Punjani, a contention upheld by the tribunal, which also alleges there is no proof he married Ali. According to Taurant, she married Punjani on November 26, 2000 at Tudor Jamat Khana in Mombasa but he kicked her out in June 2009. She says they have three children together.
Link to more …https://www.standardmedia.co.ke/article ... al-polygam
Punjani has rejected this ruling and now wants the High Court in Mombasa to overturn the tribunal's ruling.
Under Kenyan law ICAB international conciliation and arbitration awards were ruled are illegal and invalid in 2016. Only the Kadhi Muslim courts awards are valid. Kadhis’ Courts are established under Article 170 of the Kenyan Constitution. Their jurisdiction is on questions of Muslim Law relating to personal status, marriage, divorce or inheritance link http://kenyalaw.org/caselaw/cases/view/100026/ http://kenyalaw.org/caselaw/cases/view/122800/ -
In an affidavit filed at the High Court on Friday 28, July, 2017, Punjani contests Taurant's argument that they were legally married when he married Maria Ali. He insists he divorced Taurant before the Kadhi Court, in accordance with Islamic law, before marrying the musician. Taurant argues that she was still legally married to Punjani, a contention upheld by the tribunal, which also alleges there is no proof he married Ali. According to Taurant, she married Punjani on November 26, 2000 at Tudor Jamat Khana in Mombasa but he kicked her out in June 2009. She says they have three children together.
Link to more …https://www.standardmedia.co.ke/article ... al-polygam