On Thursday, May 8, 2025, a “Quia Timet Injunction Order” was granted stopping the burial of late Limunga Hannah Nyoki.
In his ruling, the judge barred Joseph Evakise Lyonga, Clara Mojoko, Hardison, Apa Tobias Ngomba, Susan Ekume, Susan Tanjong, Ndombo Monagai, Esuka Regina, Wose, Hannah, Gordon Ekonde, Rose, Perry, their agents, workmen, assigns, servants and proxies from entering and burying the deceased in the land hosting the permanent building of Prince Franz Nyoki.
The court held that the applicant had established a prima facie right and a threatened infringement of that right, thereby entitling him to the grant of a quia timet injunction order.
In his statement, the judge said his ruling is based on the fact that there is a practical certainty that substantial damage is imminent, if the respondents in the case go on to bury the deceased on the said landed property belonging to Prince Nyoki. The judge emphasised that the court has the power to entertain and hear urgent applications of this nature, citing Section 15(2) of Law No. 2006/015 of December 29, 2006, as amended and supplemented by Law No. 2011/027 of December 14, 2011, on Judicial Organisation.
In his ruling, the Judge said the court found that the respondents had brought the corpse of the late Limunga hannah Nyoki to the Prince Nyoki’s residence and insisted that her remains be buried there, despite the Prince Nyoki’s objections to it. Judge Njonjo in his ruling noted that “if the respondents are allowed to carry out the said burial before the substantive matter is heard and determined by the court, irreparable damage would be caused to the applicant.”
While charging the forces of law and order to execute the court ruling, the Judge said, any defilement of the court order “shall be visited with a criminal action for contempt of court”.