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…

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

Kiberu v Ssekisaka

Kiberu v Ssekisaka (Miscellaneous Application 1289 of 2024) [2024] UGHCFD 63 (11 October 2024)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Application 1289 of 2024

Judge

Komuhangi, J

The High Court dismissed an application seeking a DNA test on alleged paternity grounds, holding that the applicant lacked locus standi and was not a party to the main suit.

• Locus Standi
• Paternity Disputes
• Dna Testing
• Appointment Of Family Representative
• Locus-standi
• Dna-testing

Magambo v Magambo

Magambo v Magambo (Miscellaneous Application 293 of 2023) [2024] UGHC 456 (14 June 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 293 of 2023

Judge

Allan Nshimye, J

The High Court dismissed an application for DNA testing in an estate dispute, holding that all affected children were not joined and exhumation was not justified.

• Dna Testing In Estate Distribution
• Paternity Disputes
• Administration Of Estates
• Fair Hearing Rights
• Dna-testing-in-estate-distribution
• Paternity-disputes

Ssekabugo Moses v Kiwogga James

Ssekabugo Moses v Kiwogga James (Civil Suit 1 of 2022) [2024] UGHC 1272 (9 April 2024)

Court

High Court of Uganda

Case number

Civil Suit 1 of 2022

Judge

Wolayo, J

The court found that both the plaintiff and defendant are biological children of the late Mikayiri Kittabagaya and Margret Nangamba Kittabagaya. Their mother had partially distributed the estate without letters of administration, giving land to both parties. The distribution stands in the interim, and both parties are beneficiaries. The plaintiff is estopped from challenging the defendant's share, having benefited himself. The evidence for doubting the defendant's paternity was unsubstantiated, and the defendant's refusal to undergo DNA testing as an adult cannot be compelled by the court, es…

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• Succession And Administration Of Estates
• Paternity Disputes
• Distribution Of Estate
• Customary Heirship

Gasa Zoe and Another v Namara

Gasa Zoe and Another v Namara (Miscellaneous Application 1205 of 2023) [2023] UGHCFD 110 (27 November 2023)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Application 1205 of 2023

Judge

Nagawa, J

The High Court partially allowed a review application and ordered exhumation of the deceased’s remains for DNA testing to determine the paternity of the minor applicants.

• Paternity Disputes
• Letters Of Administration
• Review Of Court Orders
• Estate Beneficiaries
• Paternity-disputes
• Review-of-court-orders

Gasa and Another v Namara

Gasa and Another v Namara (Miscellaneous Application 1205 of 2023) [2023] UGHCFD 163 (27 November 2023)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Application 1205 of 2023

Judge

Nagawa, J

The court found that the applicants are not aggrieved persons within the meaning of Section 82 of the Civil Procedure Act, as the DNA order provided them an opportunity to prove their entitlement to the estate. The presumption of legitimacy applies to children born in wedlock, and adult children should not be subjected to DNA testing without their consent. However, in the interest of justice and to avoid multiplicity of suits, the court partially allowed the application, granting an order for exhumation of the late Enoch Kalema to obtain samples for DNA testing of the minor applicants. The DN…

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• Paternity Disputes
• Letters Of Administration
• Review Of Court Orders
• Estate Beneficiaries

Male and 9 Others v Mabirizi ( as a beneficiary to the estate of late father late mutumba)

Male and 9 Others v Mabirizi ( as a beneficiary to the estate of late father late mutumba) (Miscellaneous Application 112 of 2023) [2023] UGHCFD 40 (26 October 2023)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Application 112 of 2023

Judge

Matovu, J

The High Court set aside lower-court proceedings after finding six appellants had not been properly served, violating fair hearing rights.

• Service Of Process
• Fair Hearing
• Paternity Disputes
• Affidavit Evidence
• Service-of-process
• Fair-hearing

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…

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

Tendo v Tumwebaze

Tendo v Tumwebaze (Miscellaneous Application 383 of 2023) [2023] UGHCFD 161 (16 June 2023)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Application 383 of 2023

Judge

Nagawa, J

The High Court ordered a DNA test to determine whether the applicant is a biological child and beneficiary of the late Frank Mugasha’s estate.

• Paternity Disputes
• Child Beneficiaries
• Estate Administration
• Paternity-disputes
• Child-beneficiaries
• Estate-administration

Muzoora v Kabanyomozi (HCT-01-CV-MA 24 of 2023)

Muzoora v Kabanyomozi (HCT-01-CV-MA 24 of 2023) [2023] UGHCCD 164 (31 May 2023)

Court

HC: Civil Division (Uganda)

Case number

HCT-01-CV-MA 24 of 2023

Judge

Wagona, J

The High Court dismissed an application for stay of execution pending appeal, finding no sufficient evidence of a serious and imminent threat of execution.

• Stay Of Execution
• Appeals Process
• Declaratory Orders
• Paternity Disputes
• Stay-of-execution
• Civil-procedure