JUDGEMENT OF THE COURT
[1] This is an appeal from the judgment of the High Court, Family Division Civil Case No. 25 of 2013, Musyoka J., dated 1st April 2014. The matter involved a burial dispute of the remains of the late Ibrahim Mucheru Wahothi (deceased) who died 5th September 2013. The deceased married five wives, and is survived by four widows and 23 children save for the 3rd wife who pre-deceased him. The deceased kept the families of each house in different places within the country. The 1st wife, the mother of the 1strespondent lives in a place called Munyu, the 2nd wife lives in Nakuru, the 3rd wife is deceased but her family reside within Thika Town at a place called Ngoiwa, the fourth wife lives in Kitale, while the 5th wife who is the appellant in this appeal lives in a place called Gatukuyu within Kiambu County.
[2] It is undisputed that when the deceased passed away, he was living with the 5th wife (appellant) at Gatukuyu for about 20 years. It is also not in dispute that …