Application For Grave Removal

IN THE DISTRICT COURT OF SENGEREMA
AT SENGEREMA
CRIMINAL APPLICATION NO………. OF 2021
IN THE MATTER OF THE INQUEST ACT [CAP 24 R.E. 2019]
AND
IN THE MATTER OF THE PUBLIC HEALTH ACT OF 2009
AND
IN THE MATTER OF AN APPLICATION FOR THE LEAVE TO EXHUME, RE-ENTER

AND RE-INSTATE THE BODY OF ONE ………….…………………….., DECEASED
BY
…………………………………………..
CHAMBER APPLICATION
(Made under Section 7(2)(a) and (3) of the Graves (Removal) Act [Cap 72 R.E 2002],
Regulation 4(b) and (e) of the Graves (Removal) Regulations, and section 95 of the Civil
Procedure Code [Cap 33 R.E 2019])
LET ALL THE PARTIES CONCERNED appear before the Honorable ……………………
……………….…………..…………………..….………… Magistrate sitting in chamber in the
……………. day of ……………………...……..…. 2021 at ………............ O’clock in the
forenoon or soon after as the Applicant shall be heard on his Application for the
following orders:
(i) That, this Honourable court be pleased to grant an order that the applicant
exhume from the grave the body of one …………………………...
(ii) That, this Honourable court be pleased to grant an order that the applicant re-
inter and reinstate the remains of ……………….. in another graves.
(iii) Any other order(s) that this Honourable Court may deem fit and just to grant.
This application is supported by an affidavit of ……………………………. and any other

grounds and reasons as shall be raised and argued during the hearing of this application.
Given under my hand and the seal of Court this ………. day of …….……….….……, 2021
………………….
RESIDENT MAGISTRATE INCHARGE
Presented for filing this ………. day of …….……….….……, 2021
………………………….
COURT CLERK
DRAWN BY (Engaged for Drawing Only):

JANETH HUBERT KISHAMBA – ADVOCATE
UHURU BUILDING,
OPP. NMB BANK,
IBISABAGENI STREET,
P. O. BOX 373,
SENGEREMA
PHONE: 0710 993 499/0757 393 499
E-MAIL: [email protected]
FILED BY:
……………………………..
ADDRESS: …………………….
MOB: +255 …………………..
AGE: …………………………
IN THE DISTRICT COURT OF SENGEREMA
AT SENGEREMA
CRIMINAL APPLICATION NO………. OF 2021
IN THE MATTER OF THE INQUEST ACT [CAP 24 R.E. 2019]
AND
IN THE MATTER OF THE PUBLIC HEALTH ACT OF 2009
AND
IN THE MATTER OF AN APPLICATION FOR THE LEAVE TO EXHUME, RE-ENTER

AND RE-INSTATE THE BODY OF ONE ………………………………….., DECEASED
BY
…………………………………………..
AFFIDAVIT
I, ……………………… a Christian, adult of sound mind and a resident of ………………..

within Sengerema district, do hereby take OATH and SOLEMNLY state as follows;
1. That, I am the applicant in this application therefore conversant with the facts to be
deposed herein.
2. That, I am a male Tanzanian citizen, aged 39 years old, reside and live for gain at
…………………….. District within …………………….. Region.
3. That, on the 21st day of July, 200 my grandfather who bared the name ………………
died a natural death and was buried at ……………. Village, ………… ward within
…………………….. District in …………………….. region.
(Copy of the Death Certificate of ………………………………. is attached herewith to form
part of this Application)
4. That, the body of …………………………… deceased, was supposed to be buried at

……….. village, ………………… ward within …………………….. district which was
his original home but due to inadequate fund to transport the body, the deceased
had to be buried at ……………………… Village, …………………… ward within
…………………….. where his eldest son, one …………………….. resided.
5. That, unfortunately, the said …………………….. also died some years after the
death of …………………….. and since the death of …………………….. no close
relative of the late …………………….. ever lived on that particular area and for that
reason, the grave of the late …………………….. has been left unprotected and
without any caretaker.
6. That, it is 26 years now since the death of …………………….. and on 28th day of
July, 2021 the clan members sat and resolved (without objection from any member
of the clan) that the remains of the late …………………….. be exhumed from the
grave where he was buried and the same be reinstated in another place.
(Copy of the Minutes from the Clan Meeting is attached herewith to form part of this
Application)
7. That, it was settled that, the remains of …………………….. should now be re-
instated at …………………….. village, …………………….. ward within
…………………….. district as the place where the grave now stands is not the
original home of the deceased and worse enough the grave is in danger of being
destroyed as it is unguided.
8. That, there is no dispute, legal complications whatsoever regarding the cause of

death of the deceased that may affect the exhumation and re-statement processes of
the body of …………………….. has been raised by any person at any level.
9. That, should this Honourable Court be pleased to grant an exhumation order, the
family members of the late …………………….. intend to exhume and reinstate the
remains of …………………….. deceased in another grave soon after the order will
be so made.
10. That, the costs of exhuming the remains of …………………….. deceased from the
grave and the costs to re-inter and reinstate the remains in another grave will be
incurred by the family members.
11. That, the Applicant herein being one of the senior male member of the family of
…………………….. deceased has been appointed by the clan to lead the family
members in all matters relating to exhume, re-inter and reinstate the grave of
…………………….. deceased if the orders sought in the Application be granted.
VERIFICATION
I, …………………….. doth hereby states that all I have stated in paragraphs 1, 2, 3, 4, 5, 6,
7, 8, 9, 10 and 11 herein above is true to the best of my knowledge, belief and
understanding.
Verified at Sengerema this………………day of …………………….. 2021.
….....………..…………
DEPONENT
SWORN and DELIVERED at Sengerema by the

said …………………….. …………..who is known
known to me personally/has been identified to ..........................................
me by........................................................................... DEPONENT
the latter known to me personally this ..................
day of ............................................, 2021.
BEFORE ME:
NAME: …………………………………………………….
SIGN: ………………………………………………………
ADDRESS: ………………………………………………..
QUALIFICATION: COMMISSIONER FOR OATHS
Presented for filing this………………day of …………………….. 2021.
….....………..…………
COURT CLERK
DRAWN BY (Engaged for Drawing Only):

JANETH HUBERT KISHAMBA – ADVOCATE
UHURU BUILDING,
OPP. NMB BANK,
IBISABAGENI STREET,
P. O. BOX 373,
SENGEREMA
PHONE: 0710 993 499/0757 393 499
E-MAIL: [email protected]
FILED BY:
…………………………………...
ADDRESS: ……………………..
MOB: +255 ……………………..
AGE: ……………………………

Application For Grave Removal

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IN THE DISTRICT COURT OF SENGEREMA

CRIMINAL APPLICATION NO………. OF 2021

IN THE MATTER OF THE INQUEST ACT [CAP 24 R.E. 2019]

IN THE MATTER OF THE PUBLIC HEALTH ACT OF 2009

IN THE MATTER OF AN APPLICATION FOR THE LEAVE TO EXHUME, RE-ENTER

This application is supported by an affidavit of ……………………………. and any other

DRAWN BY (Engaged for Drawing Only):

CRIMINAL APPLICATION NO………. OF 2021

IN THE MATTER OF THE INQUEST ACT [CAP 24 R.E. 2019]

IN THE MATTER OF THE PUBLIC HEALTH ACT OF 2009

IN THE MATTER OF AN APPLICATION FOR THE LEAVE TO EXHUME, RE-ENTER

I, ……………………… a Christian, adult of sound mind and a resident of ………………..

4. That, the body of …………………………… deceased, was supposed to be buried at

8. That, there is no dispute, legal complications whatsoever regarding the cause of

Verified at Sengerema this………………day of …………………….. 2021.

SWORN and DELIVERED at Sengerema by the

Presented for filing this………………day of …………………….. 2021.

DRAWN BY (Engaged for Drawing Only):

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