Mohamed Kai Gari v Joyce Chakwe Deche [2017] KEELC 2427 (KLR)
- Court
- Environment & Land Court
- Case number
- 2427
- Citation
- [2017] KEELC 2427 (KLR)
- Decided
- 13 July 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ContemptPostureApplication for contempt and exhumation of remainsCoramJ. O. OLOLA, Honourable Justice PJ Otieno
Holding
The application is dismissed with costs to the Respondent
Facts
The Plaintiff, Mohamed Kai Gari, filed an application for contempt against the Defendant, Joyce Chakwe Deche, for disobeying restraining orders issued on August 5, 2016, which prohibited the Defendant from burying the body of her brother's wife, Rose Mutete Mrima, in Plot 2211. The Plaintiff alleged that the Defendant proceeded to bury the body on the suit land on August 6, 2016.
Issues
- Whether the Defendant disobeyed the restraining orders
- Whether the Defendant should be committed to civil jail for contempt
- Whether the remains of Rose Mutete Mrima should be exhumed from Plot 2234 within Plot 2211
Reasoning
The court found no merit in the application as the Defendant's brothers and sisters were not responsible for the decision and act of burying the body. The burial was done on Plot 2234, which is separate from Plot 2211.
Outcome
Dismissed with costs
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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