SARAFINA WANJIKU KINYANJUI & 5 OTHERS V ELIZAPHASON KINYANJUI MUKORA [2012] KEHC 990 (KLR)
- Court
- High Court of Kenya
- Case number
- 990
- Citation
- [2012] KEHC 990 (KLR)
The court ordered that the appellants provide security of costs at Ksh. 100,000/- pending the determination of the appeal; jointly and severally. The mortuary charges be paid directly to the funeral home by both parties as ordered by the subordinate court.
Facts
The appellants are the children of the deceased, Kenyatta University, which has a funeral home where the deceased remains lay, and the respondent is the husband to the deceased and father to the appellants. The Magistrate's Court held that the respondent would determine the burial site.
Issues
- How much costs should be provided by the appellants
- How to share mortuary charges
Reasoning
The court found that Ksh. 100,000/- offered by the appellants was reasonable for costs. The mortuary charges were ordered to be shared equally by the parties.
Outcome
The appeal was granted, and the stay of execution of the magistrate's court judgment was granted pending the hearing and final determination of the appeal.
Orders
- Stay of execution of the magistrate’s court judgment pending the hearing and final determination of the appeal
- Appellants provide security of costs at Ksh. 100,000/- jointly and severally
- Mortuary charges be paid directly to the funeral home by both parties as ordered by the subordinate court
- Costs of this application be in the appeal
Remedies
- Stay of execution of the magistrate’s court judgment pending the hearing and final determination of the appeal
- Security of costs provided by the appellants
Loading judgment…