[2017] KEHC 4985 (KLR)
The court declined to grant the exhumation order because the applicant failed to provide the title of the land from which the remains are to be exhumed and did not attach the consent of the landowner. The court held that these are necessary prerequisites for granting such an order. The applicant was granted leave to...
Source-derived case information.
- Citation
- [2017] KEHC 4985 (KLR)
- Parties
- Applicant: Joseph Muthaki Njuguna
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 2 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- adjourned_for_further_affidavit
- Legal Topics
- Exhumation Orders, Burial Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Muthaki Njuguna
Applicant
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant has provided sufficient evidence of land ownership and consent for exhumation of the deceased's remains.
Ratio Decidendi
The court declined to grant the exhumation order because the applicant failed to provide the title of the land from which the remains are to be exhumed and did not attach the consent of the landowner. The court held that these are necessary prerequisites for granting such an order. The applicant was granted leave to file a further affidavit with the required evidence before the court can proceed to judgment.
Court Disposition
adjourned_for_further_affidavit
Orders
- Applicant granted leave to file a further affidavit attaching evidence of ownership and consent of the landowner where the deceased is buried.
- Mention date to be given for confirmation of filing of the further affidavit.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
MISC. CIVIL APPLICATION NO. 2 OF 2017
JOSEPH MUTHAKI NJUGUNA ………APPLICANT
RULING
1. An application by way of Notice of Motion dated 29th March, 2017. The applicant JOSEPH MUTHAKI NJUGUNA seeks an order for the exhumation of the remains of his late father JOHN NJUGUNA MUTHAKI (deceased).What however is lacking in that application, and as a consequence this court was unable to write the judgment for today is the title of the land from where the remains of John Njuguna Muthaki deceased are to be removed from, and additionally the consent of the owner of that land from where the exhumation is to be carried out.
2. The applicant is granted leave to file a further affidavit attaching evidence of ownership, and the consent of the owner, where the deceased’s body was buried and is now to be removed.
3. At the reading of this Ruling the court shall give a date for mention when the court shall confirm the filing of the further affidavit.
Dated and Delivered at Nanyuki this 22nd day of JUNE, 2017
MARY KASANGO
JUDGE
Coram
Before Justice Mary Kasango
Court Assistant Njue/Mariastella
Applicant …………………………………………
For applicant …
COURT
Ruling delivered in open court
MARY KASANGO
JUDGE