Wakilii

In the matter of an Application for an Order of presumption of death of Denis Murindwa (missing since 2002) (Miscellaneous Cause 5 of 2022)

High Court · [2022] UGHCFD 25 · 2022 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex parte application for order of presumption of death under Registration of Persons Act
Decision
Order of presumption of death granted; certificate of death to be issued by National Identification and Registration Authority

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted an order of presumption of death where a person had not been seen or heard of for twenty years by his wife. Under section 47(1) of the Registration of Persons Act 2015, a rebuttable presumption of death arises where a person has not been seen or heard of for seven years by those who would be expected to have seen or heard of them if alive. The applicant wife satisfied this threshold and was entitled to the order as next of kin under duty to give notice of death.

Outcome

Order of presumption of death granted; certificate of death to be issued by National Identification and Registration Authority

Facts

Doreen Kente Murindwa married Dennis Murindwa on 21 September 1996. On or around 10 May 2002, Dennis Murindwa left the family home in Ntinda Ministers Village, telling his wife he was going to see a doctor. He never returned. The couple had two children, then aged approximately 2 and 3 years. The applicant searched for him through media, newspapers, and Red Cross internationally, without success. Dennis Murindwa left properties in his name requiring appointment of a legal representative. By the time of the application in 2022, twenty years had elapsed since his disappearance without any contact.

Issues

  1. Whether an order of presumption of death can be granted in respect of Dennis Murindwa.

Orders

  • Dennis Murindwa, an adult male, a former resident of Corporation Road, Ntinda Ministers Village Nakawa Division is declared presumed dead.
  • The National Identification and Registration Authority is directed to register the presumed death of Dennis Murindwa.
  • The National Identification and Registration Authority shall issue the applicant, Doreen Kente Murindwa with a certificate of death of Dennis Murindwa.
  • The costs of this application shall be borne by the applicant.

Rules and key headnotes

Presumption of Death — Statutory Requirements — Seven Year Rule
Under section 47(1) of the Registration of Persons Act 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 shall be a rebuttable presumption that the person is dead.
Presumption of Death — Application by Next of Kin — Effect of Order
Under section 47(2) of the Registration of Persons Act 2015, where a person is presumed dead, 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 competent jurisdiction, and the order once issued shall have the same effect as a certificate of death issued under the Act.
Presumption of Death — Duty to Give Notice — Next of Kin
Under section 43(1)(a) of the Registration of Persons Act 2015, upon the death of any person, it is the duty of the next of kin or the relative of the deceased present at the time of death to give notice to the registration officer. A spouse qualifies as next of kin entitled to apply for an order of presumption of death.

Legislation cited (6)

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 for an Order of presumption of death of Denis Murindwa (missing since 2002) (Miscellaneous Cause 5 of 2022) [2022] UGHCFD 25 (28 March 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.