Principal Resident Magistrate Thomas Simba will give his judgment on the matter following a dispute over a place to conduct the burial after going through the evidence given by the parties.
There is a disagreement among relatives as to the place where the deceased’s body should be laid to rest -- between Dar es Salaam and Bunda in Mara Region.The children of the deceased, Joyce Materego and Edwin Materego, the plaintiffs in the matter, and a young brother of the deceased, Gonche Materego, who is a defendant, are locking horns in the matter.
Already, the court has issued a temporary injunction, restraining the deceased’s body from being buried until the dispute is heard and resolved.
However, such order has come at a time when the deceased’s body has already been transported to Bunda for burial. The magistrate has directed that no burial should be conducted until the controversy is resolved. He ordered the concerned parties to preserve the body at a nearby hospital pending final determination of the pending dispute.
During hearing of the matter, which was conducted within two days last week, that is Thursday and Friday, 12 witnesses from both sides gave their testimony to defend their sides. Four witnesses, led by advocate Raymond Wawa, testified for the plaintiffs, while the remaining eight witnesses gave evidence for the defendant, who is represented by Counsel Makaki Masatu.
The plaintiffs are seeking orders to allow them to conduct the burial of the deceased in Dar es Salaam because the later had spent the rest of his life in the city since 1974.
On the other hand, the defendant claims that his brother also lived and originates in Bunda and, according to their customs, he is supposed to be buried there and not in Dar es Salaam as proposed.
source- www.dailynews.co.tz
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