Ndume, a western lowland gorilla, should be on his way home to the Cincinnati Zoo on Thursday.

The gorilla, who has been the center of a custody battle between the Cincinnati Zoo & Botanical Garden and California-based Gorilla Foundation, was supposed to fly to Cincinnati last week. However, officials at The Gorilla Foundation denied the move due to worries over the primate's health.

Last week, the zoo filed a motion in federal court for Ndume's immediate transfer after the foundation said Ndume had a flare-up of stomach parasite and would not transfer him.

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U.S. District Judge Richard Seeborg ruled in favor of the Zoo, ordering the Gorilla Foundation to transfer the 37-year-old gorilla back to Ohio by Thursday.

The Enquirer has reached out to the zoo for an update on the transfer.

On Wednesday, the Gorilla Foundation released a statement saying they still disagree with the move.

"We are deeply saddened that our beloved Ndume is leaving and wish the very best for his happiness, good health and peace of mind," the foundation said. "We would appreciate your positive thoughts and support for Ndume to help him safely transition, and for his new caregivers to learn to love and understand him as much as we have."

Ndume was born in Cincinnati and was loaned to the Gorilla Foundation in 1991 to be a companion to Koko, the famous gorilla who communicated using a form of sign language. Ndume was 10 and never bonded with Koko.

Koko shunned him, former employees told The Enquirer. Ndume became mostly isolated, they said.

Koko died last June making Ndume the foundation's only gorilla. The zoo wanted him back so he could be around other gorillas. The foundation said the stress of the move could kill him.

Since the custody battle began, the court system has continued to rule in the zoo's favor.