Socialite and fitness trainer Michelle “Moana” Amuli’s burial will not take place anytime soon until the High Court rules on the dispute between her parents over her burial.
This comes after the deceased’s mother Ms Yolander Kuvaoga,
represented by her lawyer Mr Jerome Madondo, made an urgent chamber application
at the High Court to nullify the burial order issued on November 18.
The application is meant to prevent her estranged husband
Mr Ishmael Amuli from abnegating their prior agreement that Moana be buried at
Zororo Cemetery.
She wants the court to grant an interim interdict to stop
the burial until the finalisation of the matter.
High Court Judge Justice Pisirai Kwenda yesterday deferred
the matter to Monday by consent of both
parties’ lawyers. The judge wants to hear the two parties’ oral evidence before
making an informed decision on the dispute.
He also wants Mr Amuli’s lawyer Mr Marcus Zvirahwa to file
his opposing papers. “This matter be deferred to Monday 23rd of November 2020
at 3pm which shall be the return date for this matter,” Justice Kwenda said.
“The first respondent(Amuli) shall file his notice of
opposition by 9am on Monday 23rd November 2020. The applicant and first
respondent shall attend the hearing on Monday 23rd November 2020 to give oral
evidence.”
In her founding affidavit, Moana’s mother said she made an
agreement with Mr Amuli that their daughter be buried at Zororo Cemetery in the
presence of the deceased’s relatives and friends.
She said Mr Amuli later told her that Moana would be buried
according to the rights of Islam in her absence, contrary to what they had
agreed earlier on. “I have a reasonable apprehension that I, together with
other female sisters, colleagues and relations would be excluded from the
funeral rites which would be unconscionable,” Kuvaoga argued.
She said Mr Amuli stated that she would be excluded from
the funeral gathering which in her opinion would be unacceptable as she is Moana’s
mother. Ms Kuvaoga told the court that Moana had remote ties to Islam as
evidenced by her lifestyle.
“I do not wish or desire that anyone be excluded from the
occasion on the basis of gender or creed as this goes against not only my sense
of community according to custom but of the general persona of my deceased
daughter who embraced everyone. The deceased was a popular personality with a
huge following. Apparently, it would be unfair not only to me, but to other
people and relations who knew her personality,” she said.
Mr Kuvaoga said Mr Amuli had not seen Moana for over a
year. Ms Kuvaoga said Mr Amuli had changed the burial place from Zororo
Cemetery to Warren Hills to exclude from the funeral gathering.
“I aver that this matter is urgent on the reasons that the
burial is on 20 November 2020 and belated hearing would prejudice me. There
would be nothing to motivate in that matter since the object of the lawsuit
would become dead.
“I therefore submit that there would be no remedy for a
cause rendered academic,” she said.
Ms Kuvaoga said once Moana was buried, the position becomes
irreversible and it would be unfair for her and other mourners to be denied an
opportunity to bid her farewell. Herald
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