Wakilii

In the Matter of An Application By Kyoma for an Order of Presumption of death, A person Missing since 1990 (Misc Cause 13 of 2022)

High Court · [2022] UGHCFD 19 · 2022 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for order of presumption of death under Registration of Persons Act
Decision
Order of presumption of death granted; applicant to serve order on National Identification and Registration Authority

Observed later treatment

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Holding

The court granted an order of presumption of death for Deo Mulindwa, missing since the early 1990s. Held that under section 47 of the Registration of Persons Act No 4 of 2015, a person not seen or heard of for seven years by those who would ordinarily have seen or heard from him if alive may be presumed dead. The applicant fulfilled all statutory conditions: the missing person had been absent for over 31 years; the applicant was a biological brother with a duty to report death under section 43; the matter was reported to police; and notice was published in newspapers.

Outcome

Order of presumption of death granted; applicant to serve order on National Identification and Registration Authority

Facts

Deo Mulindwa was a resident of Rwentobo, Ntungamo district, where he lived at the family home with his biological brother, Kyoma Tom Victor (the applicant). The applicant and other known relatives last saw and heard from Deo Mulindwa in early 1990. In 1994, a person claiming to have been Mulindwa's friend at Makerere University informed the family that Deo Mulindwa had been killed in the Rwanda Patriotic Front war wherein he was allegedly a combatant. Since the early 1990s, no next of kin, relative, or other person has seen or heard from Deo Mulindwa — a period of over 31 years. The family reported the matter to Ntungamo Police Station in 2021 (CRB 497/2021). Police preliminary findings confirmed Mulindwa had been missing since 1990. The family placed newspaper adverts in the Daily Monitor on 5 and 6 May 2022 in both English and Runyankore, but no one came forward with information. Deo Mulindwa owned property including FRV MBR43 Folio 4 Block 25 Plot 125 at Rwentobo-Kayonza.

Issues

  1. Whether Deo Mulindwa, a person missing since the early 1990s, should be presumed dead under section 47 of the Registration of Persons Act No 4 of 2015.
  2. Whether the applicant, as biological brother, has locus standi to bring the application for presumption of death.
  3. Whether the statutory conditions for presumption of death have been fulfilled.

Orders

  • Application granted.
  • Deo Mulindwa formerly of Rwentobo in Ntungamo district is presumed dead.
  • This order shall be served on the National Identification and Registration Authority.
  • The applicant shall bear the costs of this application.

Rules and key headnotes

Presumption of Death — Statutory Requirements — Seven-Year Period
Under section 47(1) of the Registration of Persons Act No 4 of 2015, where it is proved that a person has not been seen and has not been heard of for seven years by those who might be expected to have seen or heard of the person if the person were alive, there is a rebuttable presumption that the person is dead.
Presumption of Death — Locus Standi — Duty to Report Death
An application for presumption of death may be made by a person who has a duty under section 43 of the Registration of Persons Act to give notice of the death of the person being presumed dead. A biological brother residing with the missing person at the family home has locus standi under section 47(2) as a next of kin with a statutory duty to report death.
Presumption of Death — Procedural Requirements — Police Report and Newspaper Advertisement
Statutory conditions for presumption of death include: (i) the missing person not seen or heard of for seven years; (ii) the applicant being a person with a duty to report death; (iii) the matter reported to police; and (iv) notice of the application published in a newspaper to give the public an opportunity to provide information that the person may be alive.
Burden of Proof — Presumption of Death — Shifting Burden
Under section 108 of the Evidence Act Cap 6, when a person has not been heard of for seven years by those who would naturally have heard of him if he were alive, the burden of proving that the person is alive shifts to the person who affirms it. Publication of notice in the media provides an opportunity for anyone with information to rebut the presumption.
Presumption of Death — Variation in Statutory Time Periods
The time period for presumption of death varies by statute. The Registration of Persons Act No 4 of 2015 requires seven years of absence, while the Estates of Missing Persons (Management) Act Cap 159 pegs presumption of death to three years. The applicable period is determined by the statute under which the application is brought.

Legislation cited (11)

Cases cited (2)

  • Re Nkalubo Yekoyasi (HCMA No. 06 of 2017)
  • Nalongo Naziwa Josephine v Uganda (Criminal Appeal No. 35 of 2014)

Full judgment

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

In the Matter of An Application By Kyoma for an Order of Presumption of death, A person Missing since 1990 (Misc Cause 13 of 2022) [2022] UGHCFD 19 (16 September 2022)
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.