Wakilii

In Re Yekoyasi Nkalubo (Miscellaneous Application No. 006 of 2017)

High Court · [2018] UGHCFD 15 · 2018 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for an order of presumption of death under the Registration of Persons Act
Decision
Yekoyasi Nkalubo declared presumed dead, enabling the estate to be administered

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted an order of presumption of death under Section 47(2) of the Registration of Persons Act 2015 for Yekoyasi Nkalubo, who had been missing since 1984. The court was satisfied by police reports, newspaper advertisements, letters from local council leaders and family members, and oral testimony that the deceased had not been seen for 32 years.

Outcome

Yekoyasi Nkalubo declared presumed dead, enabling the estate to be administered

Facts

Senkumba John Nkalubo applied for an order of presumption of death in respect of his father, Yekoyasi Nkalubo, a former resident of Kayunga. Yekoyasi Nkalubo had been missing since 1984. The applicant presented a police report detailing that Yekoyasi Nkalubo could not be traced for 32 years. A newspaper advertisement with his picture was placed in Bukedde on 31 March 2016. Local council leaders, clan members, and family members confirmed the disappearance. A letter from Nsimbe Obadia stated that funeral rites were held on 18 April 1986. Nankumba Betty, the daughter, testified on oath that her father had not been seen since 1984. Four family members attended the hearing and identified themselves to court.

Issues

  1. Whether an order of presumption of death can be granted in respect of Yekoyasi Nkalubo

Orders

  • Yekoyasi Nkalubo an adult male person and former resident of Kayunga LCI, Kayunga Parish, Kayunga Sub County, Ntengyeru County is declared presumed dead.
  • The Applicant shall bear the costs of this application.

Rules and key headnotes

Presumption of Death — Requirements under Registration of Persons Act
Under Section 47(2) of the Registration of Persons Act 2015, any person who would have been under a duty to give notice of death may apply for an order of presumption of death in a court of competent jurisdiction, and the order, once issued, has the same effect as a certificate of death.
Presumption of Death — Evidential Requirements
A court may declare a person presumed dead where evidence establishes prolonged absence over many years, supported by police reports, newspaper advertisements, letters from local authorities and family members, and testimony from family confirming the person has not been seen.
Presumption of Death — Purpose for Estate Administration
An order of presumption of death enables the appointment of a legal representative to manage and distribute the estate of the missing person.

Legislation cited (5)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

In Re_ Yekoyasi Nkalubo (Miscellaneous Application No. 006 of 2017) [2018] UGHCFD 15 (8 May 2018)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.