[2018] KEELC 4840 (KLR)

[2018] KEELC 4840 (KLR)

The court found that the applicant had already been awarded the suit land by a previous judgment and that the respondents had been evicted pursuant to that judgment. Despite this, the respondents had returned and attempted to interfere with the applicant's possession by burying the remains of Silas Waswa Wekesa on...

Source-derived case information.

Citation
[2018] KEELC 4840 (KLR)
Parties
Plaintiff: Beatrice Nanjala Wamalwa; Plaintiff: Patrick Napwora Munyole; Plaintiff: Juliet Naspondi Napwora; Defendant: Tom Makhanu Wekesa; Defendant: Nyongesa Wekesa Pepela; Defendant: Masika Wekesa; Defendant: Meshack Mulongo Wekesa; Defendant: Priscila Namalwa
Court
Environment and Land Court
Court Station
Environment and Land Court at Bungoma
Jurisdiction
Kenya
Case Number
Environment & Land Case Case168 of 2016
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Injunction
Outcome
application allowed
Judges
SN Mukunya
Legal Topics
Injunctive Relief, Burial Disputes, Exhumation Orders, Enforcement of Judgments
Source Language
en
Land and Property Civil Procedure Injunctive Relief Burial Disputes Exhumation Orders Enforcement of Judgments

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Summary, issues, holding and outcome

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Parties

Beatrice Nanjala Wamalwa

Plaintiff

Patrick Napwora Munyole

Plaintiff

Juliet Naspondi Napwora

Plaintiff

Tom Makhanu Wekesa

Defendant

Nyongesa Wekesa Pepela

Defendant

Masika Wekesa

Defendant

Meshack Mulongo Wekesa

Defendant

Priscila Namalwa

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Interlocutory Injunction

Legal Issues

  1. 1 Whether the defendants should be restrained from burying or interring the remains of Silas Waswa Wekesa on Land Parcel No. E. Bukusu/N. Sangalo/860 pending determination of the application.
  2. 2 Whether the remains of Silas Waswa Wekesa should be exhumed from the said land if already interred.
  3. 3 Whether the applicants are entitled to injunctive relief based on the prior judgment awarding them the suit land.

Ratio Decidendi

The court found that the applicant had already been awarded the suit land by a previous judgment and that the respondents had been evicted pursuant to that judgment. Despite this, the respondents had returned and attempted to interfere with the applicant's possession by burying the remains of Silas Waswa Wekesa on the land. The court held that such actions were contrary to the judgment and existing court orders. Consequently, the applicant was entitled to injunctive relief to restrain the respondents from further interference, including burial or interment of remains on the land. The court allowed the application, granting the orders sought by the applicant to protect the integrity of its...

Court Disposition

application allowed

Orders

  • The defendants, their agents, or anyone acting through them are restrained from burying or interring the remains of Silas Waswa Wekesa on Land Parcel No. E. Bukusu/N. Sangalo/860 pending determination of the application.
  • In the alternative, if the remains have already been interred, the remains of Silas Waswa Wekesa are to be exhumed from the said land.