K O & another v J O [2018] KEHC 7737 (KLR)
- Court
- High Court of Kenya
- Case number
- 7737
- Citation
- [2018] KEHC 7737 (KLR)
- Decided
- 28 February 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree by Hon. E. M. Nyaga, Principal Magistrate in Migori Chief Magistrate’s Civil Case No. 40 of 2017CoramBosire, Mustafa
Holding
The court found that the Respondent did not provide sufficient evidence to establish a valid marriage between the deceased and the Respondent.
Facts
The deceased, H A O, died on 10/04/2017. The Respondent, J O, claims the deceased was his wife and seeks to bury her remains. The Appellants, K O and J O, deny this and seek to prevent the burial.
Issues
- Whether there existed a valid marriage between the deceased and the Respondent
Reasoning
The court reviewed the pleadings and proceedings in the divorce suit filed by the deceased against her first husband, Phillip, but found the documents insufficient to prove the dissolution of the marriage.
Outcome
Affirmed the lower court's judgment.
Authorities cited
Cases cited (3)
- Selle & Ano. vs. Associated Motor Boat Co. Ltd (1968) EA 123
- Mwanasokoni –versus- Kenya Bus Service Ltd. (1982-88) 1 KAR 278
- Kiruga –versus- Kiruga& Another (1988) KLR 348
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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