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Man Stopped From Burying Wife
- Details
- Published on Wednesday, 18 July 2007 03:33
The court gave the order following a successful application by Mr Charles Masongo's two daughters restraining him from burying their step-mother, Mary Bwari, 50, on their mother's land.
The daughters through advocate Ontegi Nyamwange said it was against the Kisii traditions for a woman to be buried on another woman's piece of land.
The two further argued that the deceased, a mother of seven, had her own piece of land at Kineni Settlement Scheme where she was supposed to be buried.
Their father had removed the body from Gucha mortuary in Keroka town and spent a night at the home in Keberigo when police from Nyamira station came and halted the burial.
The body was taken back to Nyamira Nursing Home mortuary pending hearing.
The court order was issued by the Nyamira District Resident Magistrate, Mr Peter Mulwa, and the case is scheduled to he beard today.
Meanwhile, seven members of a family are bound to lose three commercial properties within Nairobi after the High Court dismissed their suit against Akiba Bank Limited.
Justice John Mwera of Milimani Commercial Court dismissed the suit filed in June 1999 for want of prosecution.
In his ruling, Mwera said he had established that the family intentionally delayed prosecuting the case in order to enjoy injunctive orders slapped on the bank.
Dipak, Kaipesh, Harish, Sobhaghchand, Priti, Sureshchandra and Jasodaben Shah obtained orders restraining the bank from selling their properties in June 2000.
They had sued the bank for illegally attempting to sell their properties over a Sh15 million loan jointly taken in September 1998 and charged with three different properties across the city.
They also sued the bank for allegedly debiting their respective accounts by upto Sh5 million. Each of the family members had an account with the bank at the time.
They demanded Sh5 million plus interest at bank rates from the bank.
But their bid was thwarted when Mwera ruled that their action was oppressive to the bank.
