Wakilii

In the Matter of an Application By Kyoma for an Order of Presumption of Death of Mulindwa (missing person since 1990) (Miscellaneous Cause 13 of 2022)

High Court · [2022] UGHCFD 17 · 2022 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
Order of presumption of death granted; order to be served on National Identification and Registration Authority

Observed later treatment

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Holding

Held that where a person has not been seen or heard of for seven years by those who would naturally have seen or heard from them if alive, there is a rebuttable presumption of death under section 47(1) of the Registration of Persons Act No. 4 of 2015. The court found that all five conditions were satisfied: Deo Mulindwa had been missing for over 31 years; the applicant was a biological brother with standing to apply; the disappearance was reported to police; notice was advertised in newspapers; and the court had jurisdiction. Application allowed.

Outcome

Order of presumption of death granted; order to be served on National Identification and Registration Authority

Facts

Deo Mulindwa was a resident of Rwentobo at the family home in Ntungamo district. His family last saw and heard from him in early 1990. In 1994, a person claiming to be Mulindwa's friend from Makerere University informed his mother that Deo Mulindwa had been killed in the Rwanda Patriotic Front war where he was allegedly a combatant. Since the early 1990s, a period exceeding 31 years, no next of kin, relatives, or other persons with a duty under law have seen or heard from him. In 2021, the family reported him as a missing person to Ntungamo Police Station (CRB 497 of 2021). Police preliminary findings confirmed he had been missing since 1990. The family placed notices in newspapers but Mulindwa was not found. Deo Mulindwa owned land (FRV MBR43 Folio 4 Block 25 Plot 125 measuring 0.2540 hectares at Rwentobo-Kayonza as tenant in common) and other properties requiring administration. His biological brother, Kyoma Tom Victor, applied for an order of presumption of death.

Issues

  1. Whether Deo Mulindwa, 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 has satisfied the legal requirements for an order of presumption of death.

Orders

  • 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

Registration of Persons — Presumption of Death — Seven-Year Rule
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.
Registration of Persons — Standing to Apply for Presumption of 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, which includes a next of kin or relative.
Burden of Proof — Presumption of Death — Rebuttal
Under section 108 of the Evidence Act, when the question is whether a person is alive or dead and it is proved that he or she has not been heard of for seven years by those who would naturally have heard of him or her if he or she had been alive, the burden of proving that he or she is alive is shifted to the person who affirms it.
Presumption of Death — Procedural Requirements — Public Notice
Before an order of presumption of death is granted, the applicant must advertise notice of the application in the media to give the public an opportunity to come forward with information proving that the person is alive, thereby allowing rebuttal of the presumption.
Presumption of Death — Police Report — Missing Persons
In a case of a missing person, it is imperative to report to the Uganda Police Force, who are charged with the protection of life under section 4(1)(a) of the Police Act, because disappearance of a person is a threat to that person's life.

Legislation cited (11)

Cases cited (2)

  • Nalongo Naziwa Josephine v Uganda (Supreme Court Criminal Appeal No. 35 of 2014)
  • Re Nkalubo Yekoyasi (High Court Miscellaneous Application No. 06 of 2017)

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 of Mulindwa (missing person since 1990) (Miscellaneous Cause 13 of 2022) [2022] UGHCFD 17 (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.