Grace Okumu & another v Paul Fundi Arap Boss [2015] KEELC 470 (KLR)
- Court
- Environment & Land Court
- Case number
- 470
- Citation
- [2015] KEELC 470 (KLR)
The trial magistrate had jurisdiction to entertain the suit and application. The respondent was properly before the court for protection of a legal injury.
Facts
The deceased, Peter Okumu Odito, died on or about 15/10/2013. The respondent, Paul Fundi Arap Boss, filed a suit in Kitale Chief Magistrates Court seeking a permanent injunction to prevent the appellants from burying the deceased on L.R. No. Kakamega/Mabusi/18-104. The High Court had previously nullified the exchange agreement between the respondent and the deceased.
Issues
- Whether the trial magistrate had jurisdiction to entertain the suit and application
- Whether the suit and application were an abuse of the process of the court
Reasoning
The trial magistrate correctly found that the respondent was seeking to protect a legal injury against him, as the exchange agreement had been nullified by the High Court, and the deceased had no right to remain on L.R. No. Kakamega/Mabusi/18-104. The respondent's suit was not a customary burial dispute but a matter relating to land.
Outcome
Affirmed
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