Edwin Otieno Ombajo v Martin Odera Okumu [1996] KECA 59 (KLR)
- Court
- Court of Appeal
- Case number
- 59
- Citation
- [1996] KECA 59 (KLR)
- Decided
- 4 November 1996
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment/Decree of the High Court of Kenya (Justice Khamoni) dated 6th August, 1996 H. C. C. C. NO. 947 OF 1996CoramA. M. AKIWUMI, A.B. SHAH, S. E. O. BOSIRE
Holding
The appeal is allowed, and the deceased’s body is ordered to be handed over to the appellant the father of the deceased for burial by him.
Facts
The appellant is the father of the deceased, and the respondent is the brother of the deceased. The deceased passed away, and the appellant sought to have the deceased's body handed over for burial.
Issues
- Whether the High Court's decision to deny the appellant the right to have the deceased's body handed over for burial was justified.
- Whether the High Court's decision to deny the appellant the right to have the deceased's body handed over for burial was in accordance with the law.
Reasoning
The court found that the appellant is the father of the deceased and should have the right to have the deceased's body handed over for burial.
Outcome
The appeal is allowed with costs here and in the superior court.
Orders
- The deceased’s body be handed over to the appellant the father of the deceased for burial by him.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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