VIRGINIA EDITH WAMBOI OTIENO V. JOASH OCHIENG OUGO & ANOTHER

JUDGMENT

This appeal is from the decision of Bosire J by which he held that the first defendant and also the plaintiff have the right under Luo custom, to bury the deceased and to decide where the burial is to take place, and thereafter directed and ordered that the deceased’s body be handed over to Joash Ochieng Ougo and Virginia Edith Wamboi Otieno jointly or to any one of them for burial at Nyamila village, Nyalgunga Sub-Location, Siaya District.

The nature of the action and the circumstances out of which it arises are set out in detail in her plaint which was filed in the High Court, Nairobi on December 29, 1986.

The plaintiff/appellant is aggrieved by the judgment of the High Court and has appealed on the grounds inter alia that the trial judge erred in rejecting the plaintiff’s evidence and that of her two sons, in holding that the late S M Otieno (the deceased) expressed his wishes as to where he should be buried to Albert Ongango, in accepting the defendant’s case despite materia…