A family in Kisumu left the High Court a happy lot after they were allowed to bury their father after 15 years of a protracted land dispute.
Justice J. M. Mwera dismissed the case between the family of the late Mzee Solomon Onyango and his neighbor dating back from 1994.
The court case had restricted the family from burying their father on the disputed piece of land following a court order. The body has been lying at the Kisii mortuary after it was exhumed.
According to the deceased son John Onyango, their father will be buried on 21st of this month in accordance with Luo customs.
Meanwhile, Foreign Affairs Minister Moses Wetangula Thursday challenged the validity of service of petition papers by an unregistered process server.
The case filed by 2007 election loser John Walukhe was adjourned early this month after the court of appeal was informed of fresh evidence.
Moses Wetangula lawyer told appellate judges Erastus Githinji, Alnashir Visram and Joseph Nyamu that Thomas Ndiku the man who attempted to serve him with petition papers was not registered as required by law.
The defense lawyer notified the judges that High Court Judge Roselyn Wendo had in September 2008 ruled that the man was not a registered Process server.
The matter was adjourned to allow the lawyer of Walukhe to file his replying affidavit.
