Uganda Case Law

Nassimbwa Rose and Others v Kibugo David and Others

Nassimbwa Rose and Others v Kibugo David and Others (Miscellaneous Application 317 of 2024) [2025] UGHC 367 (2 June 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application 317 of 2024

Judge

Bukirwa, J

The court found that the application was made in good faith to resolve genuine disputes regarding the paternity of certain beneficiaries, which is essential for the proper administration and distribution of the estate. All parties agreed to the necessity of a DNA test, and the absence of stored genetic material from the deceased made exhumation the only viable option. The court balanced the cultural and ethical reluctance to disturb the deceased's remains against the compelling need to establish parentage for estate administration. Given the consensus among parties and the interests of justic…

Source excerpt

• Paternity Disputes
• Estate Administration
• Dna Testing
• Exhumation Orders

Tendo v Tumwebaze

Tendo v Tumwebaze (Miscellaneous Application 957 of 2023) [2023] UGHCFD 165 (15 September 2023)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Application 957 of 2023

Judge

Nagawa, J

The High Court allowed exhumation of the late Frank Mugasha’s remains for DNA testing to determine whether the applicant was his child.

• Paternity Testing
• Exhumation Orders
• Parental Responsibility
• Estate Beneficiary Disputes
• Paternity-testing
• Exhumation-orders

Tendo (Through Next Friend - Kiconco) v Tumwebaze Mugasha

Tendo (Through Next Friend - Kiconco) v Tumwebaze Mugasha (Miscellaneous Application 957 of 2023) [2023] UGHCFD 179 (15 September 2023)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Application 957 of 2023

Judge

Nagawa, J

The court found that the only scientifically conclusive method to determine the applicant's paternity is through DNA testing of the deceased's remains. While alternative testing using siblings or relatives may provide some clarity, it cannot guarantee 100% accuracy, which is essential for resolving the applicant's claim to the estate. The right of the child to know her genetic parentage and the need for certainty in estate administration outweigh the respondent's concerns about psychological trauma. The court exercised its inherent powers to grant exhumation, ensuring the process is conducted…

Source excerpt

• Paternity Disputes
• Dna Testing
• Exhumation Orders
• Estate Beneficiary Rights