Kampala, Uganda.
The dispute over the final resting place of former Supreme Court judge Stella Arach-Amoko has finally reached its conclusion as the Family Division of the High Court in Kampala delivered its ruling. The court decided that Justice Arach-Amoko will be laid to rest at Jukiya Hill in Juba Village, Nebbi District, bringing an end to the legal contest between her husband and children.
Justice Arach-Amoko passed away ten days ago, but disagreements within the family led to delays in her burial arrangements. Her children and siblings raised objections to their father’s decision to bury her at his home in Adjumani District, challenging his authority and citing their mother’s expressed wish to be laid to rest in Nebbi. The court was presented with multiple grounds supporting the children’s claims, including consensus among the “blended family” for Nebbi as the burial venue and the deceased judge’s ascertainable wishes.
Ambassador Amoko, the late Arach’s husband, contested the claims, arguing that the Constitutional provisions on the family did not grant the rights sought by the applicants. He further claimed that on a notorious Madi custom that a wife who predeceases the man must be buried in the burial grounds of her husband’s family overrides the deceased’s wishes as well as her right to practice her own customs is not supported.
However, Justice Ketrah Kitariisibwa Katunguka, directed that the responsible parties should proceed with the burial of Justice Arach-Amoko at Jukiya Hill in Juba Village, Nebbi District, without further delays. The court ruled allowed the Ambassador and his family members to attend the funeral without any disturbances.
While determining whether the late Justice Stella Arach-Amoko made his wishes clear before she died, Justice Ketrah Katariisibwa Katunguka examined the affidavits sworn by various people and concluded that the wishes of the deceased were ascertainable; and were communicated to the family including her husband. She further held that the combination of peculiar factors of the case tilted the preference for the deceased to be buried in Nebbi according to her wishes.
The court’s decision brings a sense of resolution to the protracted legal battle and paves the way for a dignified farewell to the deceased judge. It, for now, signifies the end of a challenging chapter marked by conflicting wishes within the family regarding the final resting place of their beloved matriarch. The burial arrangements are expected to proceed promptly, allowing Justice Arach-Amoko to be laid to rest at Jukiya Hill in Nebbi District.
