Oyunge Barnabus Ratemo &3 others v Charles Oteki Rioba & another [2022] KEELC 386 (KLR)

Facts

The Plaintiffs are the administrators of the estate of Mathayo Ratemo Mayaka, who died on 3/3/2022. The Defendants are the widow of the deceased and another individual. The Plaintiffs seek eviction orders and a permanent injunction against the Defendants regarding the deceased's land parcel L.R. NO. 9346/2.

Issues

1. Whether the Court should allow the body of the deceased to be interred on the suit land
2. Whether the Plaintiffs' eviction orders and injunction should be granted

Reasoning

The Court considers the deceased's wishes and the custom of the Abagusii community, which dictates that the deceased's burial site should be where he had established a home, even if it is not his primary residence.

Outcome

The Plaintiffs' application is granted.