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The Herald
Ivan Zhakata
Heraldo Correspondent
The funeral of partner and fitness coach Michelle “Moana” Amuli will not take place anytime soon until the Superior Court rules on the dispute between her parents over her burial.
This comes after the mother of the deceased, Ms. Yolander Kuvaoga, represented by her lawyer, Mr. Jerome Madondo, filed an urgent request with the Superior Court to annul the burial order issued on November 18.
The request is intended to prevent her ex-husband, Mr. Ishmael Amuli, from giving up his prior agreement that Moana be buried in the Zororo cemetery.
He wants the court to grant a provisional injunction to stop the burial until the matter is finished.
The High Court Judge, Judge Pisirai Kwenda, yesterday adjourned the matter until Monday with the consent of the lawyers for both parties.
The judge wants to hear oral evidence from both parties before making an informed decision about the dispute.
He also wants Amuli’s lawyer, Mr. Marcus Zvirahwa, to present his opposition documents.
“This matter will be postponed until Monday, November 23, 2020 at 3 pm, which will be the return date for this matter,” Judge Kwenda said.
“The first defendant (Amuli) must file their notice of opposition before 9 am on Monday, November 23, 2020. The applicant and the first defendant will attend the hearing on Monday, November 23, 2020 to give oral testimony. “.
In her founding affidavit, Moana’s mother said that she reached an agreement with Mr. Amuli for her daughter to be buried in the Zororo cemetery in the presence of the deceased’s family and friends.
She said Amuli later told her that Moana would be buried in accordance with the rights of Islam in her absence, contrary to what they had previously agreed to.
“I have a reasonable fear that I, along with other female sisters, colleagues and relatives, would be excluded from the funeral rites, which would be unconscionable,” argued Kuvaoga.
She said that Mr. Amuli stated that they would exclude her from the funeral meeting, which in her opinion would be unacceptable since 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 wish for anyone to be excluded from the occasion on the basis of gender or creed, as this goes against not only my customary sense of community, but the overall personality of my deceased daughter who embraced everyone. The deceased was a popular personality with a large following. Apparently, it would be unfair not only to me, but to other people and relatives who knew her personality, ”he said.
Kuvaoga said that Amuli had not seen Moana for over a year. Kuvaoga said Amuli had changed the burial site from the Zororo Cemetery to Warren Hills to exclude it from the funeral gathering.
“I affirm that this matter is urgent for the reason that the burial is on November 20, 2020 and a late hearing would harm me. There would be nothing to motivate in that matter since the object of the lawsuit would be dead.
“Therefore, I maintain that there would be no remedy for a cause turned academic,” he said.
Ms. Kuvaoga said that once Moana was buried, the position would become irreversible and it would be unfair to her and other mourners if they were denied the opportunity to say goodbye.
