A family in Oyugis has been ordered to exhume the body of their late son buried 5 years ago after court found that the land did not belong to them.
In the case, two neighbours have been in court for years fighting on who was the real owner of the said land.
The court has ordered for the exhumation of Odhiambo Oruko who was buried five years ago after finding that the land belonged to Macbeth Ogada’s family.
Ogada had sued Teresia Oyugi and Silvanus Ogal as the family members of the late Oruko.
Principal Magistrate Celesa Okore said the body of the late Odhiambo Oruko should be exhumed within the next 15 days.
The Ministry of Health Officer in charge of Homabay County has been ordered to facilitate and issue relevant permits for exhumation of the body for reburial elsewhere
The OCS Kendubay has also been ordered to facilitate, supervise and ensure compliance with the orders.
The court has further ordered the family to pay Ogada Sh 200,000 as compensation for trespassing in his land for over 12 years.
Macbeth had argued that the land belonged to his late father Samwel Yugi and the Oruko’s forcefully entered the land and buried their late son.
He told court that the high court had already ruled on the matter saying that the disputed land belonged to his father.
However, the Oruko’s maintained that they are the real owners of the land and had acquired it through inheritance. They are claiming the land through adverse possession saying they have occupied it for over 12 years.
However, the court found that that the Oyugi’s failed to demonstrate that they are the true owners of the disputed land.
The court ruled that they did not demonstrate to its satisfaction that their stay on the land was peaceful as they had alleged noting that Ogada had produced papers to show that they opposed their stay there.
“They failed to do that and it is clear that even with the applications that sought to stop the burial of the Odhiambo Oriko, their occupation of the land was challenged and interrupted by Ogada” the court ruled.
The court further ruled that it was clear from the evidence that Ogada is legally and procedurally better placed to own or lay claim on the said land as opposed to the Oyugi’s.
It was also the court’s finding that there was overwhelming evidence to show that the Oyugi’s have denied Ogada quiet possession of the land and have continued to trespass and forcefully occupy it hence prejudicing him and his family.
“The Oyugi’s and his assignees must be stopped and restrained from giving Ogada sleepless nights” the court ruled.
