Wamalabe v Attorney General [2004] KEHC 831 (KLR)
- Court
- High Court of Kenya
- Case number
- 831
- Citation
- [2004] KEHC 831 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureRespondent seeks to set aside orders made on 1-9-04CoramJ.W. MWERA
Holding
The orders made on 1-9-04 are set aside
Facts
Pius Wamalabe applied to exhume the body of Anna Nafula Uwe, who died and was buried at Likoni (Mombasa). The Attorney General opposed the application.
Issues
- Setting aside orders for exhumation and preservation of the body
- Determination of burial location
Reasoning
The respondent was not properly served with the application and did not oppose it.
Outcome
Appeal dismissed
Orders
- Exhumation and preservation of the body at Coast General Hospital
- Burial either on the land of the 2nd respondent or the applicant's premises
Remedies
- Set aside the orders for exhumation and preservation
Authorities cited
Legislation (1)
- Civil Procedure Act
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.
Loading judgment…