[1996] KECA 59 (KLR)
The Court of Appeal determined that the appellant, being the father of the deceased, has the legal right to bury his child. The court found in favour of the appellant and ordered that the deceased's body be handed over to him for burial. The appeal was allowed, and the orders of the High Court were set aside. The...
Source-derived case information.
- Citation
- [1996] KECA 59 (KLR)
- Parties
- Appellant: Edwin Otieno Ombajo; Respondent: Martin Odera Okumu
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 209 of 1996
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal allowed
- Judges
- AM Akiwumi, AB Shah
- Legal Topics
- Burial Rights, Custody of Deceased Body
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edwin Otieno Ombajo
Appellant
Martin Odera Okumu
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Who has the legal right to bury the deceased.
- 2 Whether the deceased's body should be handed over to the appellant or respondent for burial.
Ratio Decidendi
The Court of Appeal determined that the appellant, being the father of the deceased, has the legal right to bury his child. The court found in favour of the appellant and ordered that the deceased's body be handed over to him for burial. The appeal was allowed, and the orders of the High Court were set aside. The court reserved detailed reasons for its decision to be given on notice.
Court Disposition
appeal allowed
Orders
- The appeal is allowed.
- The deceased's body shall be handed over to the appellant for burial by him.
Full Case Text
Judgment text and source record
25 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CIVIL APPEAL NO. 209 OF 1996
EDWIN OTIENO OMBAJO …………………..APPELLANT
AND
MARTIN ODERA OKUMU ……....…………. RESPONDENT
(Appeal from the judgment/Decree of the High Court of Kenya (Justice Khamoni) dated 6th August , 1996
in
H. C. C. C. NO. 947 OF 1996)
*************************
JUDGMENT OF THE COURT
Having considered the submissions made on behalf of the parties herein, we allow the appeal and order that the deceased’s body be handed over to the appellant the father of the deceased for burial by him. We shall give the reasons for our judgment on notice.
This appeal is allowed with costs here and in the superior court.
Dated and delivered at Nairobi this 4th day of November, 1996.
A. M. AKIWUMI
…………………..
JUDGE OF APPEAL
A.B. SHAH
…………………….
JUDGE OF APPEAL
S. E. O. BOSIRE
……………………
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.