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ELCAllowedNot stated in judgment· [2018] KEELC 4840 (KLR)
Beatrice Nanjala Wamalwa& 2 others v Tom Makhanu Wekesa & 4 others [2018] KEELC 4840 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#Kenya's High Court stopped a family from burying their relative on land a court had already awarded to someone else.
What this practically means
#Executive summary
#This was an interlocutory application brought under Order 40 Rule 1 and Order 51 of the Civil Procedure Rules in which the applicant, Beatrice Nanjala Wamalwa, sought an order restraining the defendants/respondents from burying or interring the remains of Silas Waswa Wekesa (deceased) on Land Parcel No. E. Bukusu/N. Sangalo/860, or in the alternative, an order for exhumation of the remains from that land. Counsel Wakoli appeared for the applicant/plaintiff and relied on the grounds in the application, while counsel Chunge appeared for the respondents and relied on the grounds of opposition. The court observed that judgment in respect of the suit land had been delivered on 15th July 2015, awarding the land to the applicant, and that the respondents, who had been the plaintiffs in that suit, were evicted from the land. The court found that they had since returned to invade the land despite the judgment and court orders. On that basis, and without extensive reasoning, the court held that the application had merit and allowed it, ordering as appropriate. The judgment is notably terse: the precise terms of the injunction or exhumation order are not restated in the disposition, and no costs order is recorded.
Key legal issues
#01
Whether to restrain burial or order exhumation of remains on land awarded to the applicant by prior judgment
Holding
The application has merit and is allowed
Reasoning
The court noted that judgment in respect of the suit land was delivered on 15th July 2015 awarding the land to the applicant, and the respondents, having been evicted, returned to invade the land despite the judgment and court orders. On that basis, the applicant was found entitled to the relief sought.
p. 1
Legal principles established
#- A party in possession of land by virtue of a judgment of the court is entitled to injunctive protection against invasion, including restraint on burial of remains on the land.
Court orders
#- 1.The application is allowed as it has merit
- Jurisdiction invoked
- Order 40 Rule 1 and Order 51 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Beatrice Nanjala Wamalwa& 2 others v Tom Makhanu Wekesa & 4 others [2018] KEELC 4840 (KLR)", Case Analysis (2018). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4840/eng@2018-01-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.