A Sh2 billion dispute involving a couple and Housing Finance over the sale of their home in Runda, Nairobi, is back in court.
Despite a consent which was signed by parties last month, Firoz Hirji has filed an application before the Supreme Court.
Sharok Kher Mohammed Ali Hirji, who acted as his agent in the case, recorded consent last month with the lender.
In the consent, the lender agreed to pay the couple Sh239 million instead of Sh2 billion which they were awarded by the Court of Appeal last November.
And now Firoz is of the view that the Supreme Court lacks jurisdiction and cannot adopt any consent.
He further says that he revoked the power of attorney, which he gave to his agent which in effect renders the consent in question void. In the consent, the lender paid the first installment of Sh10 million to the agent seven days after it was adopted by the court.
HF also agreed to pay Sh90 million one week later and settle the balance in monthly installments of Sh5.8 million until full payment.
But Firoz wants the decision set aside as consent was entered without his authority. In November, the court dismissed the appeal by HF and ordered the bank to pay the couple over the illegal sale of their matrimonial home in Runda 20 years ago.
The Court of Appeal upheld the decision of Justice Joyce Khaminwa, who had ruled that the sale of the house in 2000 was illegal.
Aggrieved by the decision, of the High Court HF challenged the compound interest applied, saying it amounted to punishment. Firoz took a loan of Sh600, 000 in 1997 and charged his property as security.
He repaid part of the loan but defaulted at some point which, led to issuance of notice to dispose the house.
The bank then went ahead and sold the property three years later for Sh6.05 million, but the couple said the house was worth Sh20 million then. They went to court and challenged the sale. The case will be mentioned on November 26.
Edited by Henry Makori
