Teso,
Saturday, April 27, 2024
KNA by Absalom Namwalo
A Malaba court on Friday, dismissed plaintiffs case paving way for the burial of Mzee Stephen Okiradu aged 74 at his ancestral land in Kaukotoit village, Angurai North Ward Teso County.
Okiradu’s body has been lying at Kocholia Sub County Hospital mortuary for two months after the buyer, James Olubayi filed an injunction blocking the burial on the contested land to establish whether Mzee Okiradu, remains will be laid to rest at his ancestral land which was sold in 2014 to his brother.In the ruling delivered via virtual by Malaba Principal Magistrate Ocharo Momanyi, the trial judge disclosed having visited the scene after the conclusion of hearing sessions from both parties to confirm the rightful owners of the land.
A seventy-four-year-old man whose body has been lying at the Kocholya Sub County hospital mortuary in Busia County for close to two months will at last be buried on his land.
This is after Malaba Principal Magistrate Ocharo Momanyi dismissed a case filed by a Nairobi-based individual James Olubayi claiming he had purchased the deceased’s land from his brothers for Sh8.9million in 2014 when the deceased Stephen Okiradu had reportedly settled in Uganda.
While making his ruling virtually, Momanyi noted that evidence adduced by the plaintiff through his lawyer Ajah Olubayi does not correspond with the situation on the ground when the court visited the site a week ago, and described the plaintiff as a stranger in the case.
The Principal Magistrate further noted that the plaintiff neither provided evidence of land ownership, receipt of payment of the Sh8.9million nor the location of the land.
The long-awaited ruling was received with jubilation by one of the sons, Fredrick Ekiring Iteba and the elders and the deceased’s family, who immediately embarked on the burial for tomorrow. They called for reconciliation in the family.
Stephen Okiradu died on 7th, March, 2024 in Uganda before his body was brought back home for burial. However, burial plans by the family were thwarted after the plaintiff went to court.
Fredrick Ekiring urged family members to solve the dispute amicably and offer Mzee Okiradu a dissent burial.
Mzee Aggrey Ekiring thanked decision to avert a near catastrophe, while Amos Iteba said it was a long journey for them to bury their brother.
He gave both the defendants and Plaintiffs lawyers until last Friday to avail their submissions and the plaintiffs’ lawyer to avail in person last Monday for the visit to the land scene.
The magistrate sought clarification from the defendants’ lawyer on the land tenure system in Uganda after it emerged that the deceased Mr Okiradu at one time lived in the neighboring country.
Mr Ochiel noted in his response that Uganda government does not get titles to Kenyans who opt to live there.
Two witnesses, David Oteba and Isaac Omeri, were the first to enter the dock where they represented the buyer of the contested land, James Olubayi, at Kaukotoit village in Malaba North Ward.
The plaintiffs’ lawyer, Ayah Olubayi, kicked off the hearing session by taking through the two brothers whose father the late Allan Odeke sold the land to Mr Olubayi.
The defendant’s lawyer, Okeyo Ochiel, objected to Mr Oteba’s inclusion of purchase agreement of the deceased Elijah Oteba Alfayo in his affidavit, forcing trial judge Ocharo Momanyi to expunge it from the records.
Elijah’s two sons contradicted each other while being cross-examined by Mr Ochiel, with Oteba consenting that the late Okiradu was allocated land by his brothers by the land tribunal after an appeal while Omeri denied.
The two plaintiffs and the defendant told the court their father duly sold the land to Mr Olubayi and vowed to resist attempts to have the deceased buried on the land.
Mr Olubayi, through virtual cross examination, admitted not conducting search on the land.
However, he was categorical having duly bought the 14-acre land on 8th October 2014 at Sh8 9 million, noting that he will not allow Mzee Okiradu to be buried in the land he owns despite not obtaining the title to the land.
Courtesy; KNA
