Wakilii

In the Matter of an Application for presumption of death of Suliaman( missing person since 1971) (Miscellaneous Application 267 of 2023)

High Court · [2023] UGHC 184 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Miscellaneous application for order of presumption of death under Registration of Persons Act
Decision
Hussein Sulaiman declared presumed dead; applicant may now apply for Letters of Administration to administer his estate

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted the application for presumption of death. Held that where a person disappeared in 1971 and had not been seen or heard from for over 52 years, the statutory requirements under section 47 of the Registration of Persons Act were satisfied. The applicant, being a biological daughter and next of kin, had made a police report, published a public notice, and established the court's jurisdiction. Hussein Sulaiman was presumed dead for purposes of enabling the applicant to obtain Letters of Administration.

Outcome

Hussein Sulaiman declared presumed dead; applicant may now apply for Letters of Administration to administer his estate

Facts

Hussein Sulaiman, father of the applicant Ayika Rehema Hussein, disappeared on 29 January 1971 during the coup that brought President Idi Amin to power. He was a Brigadier serving in the Uganda army. According to a police report compiled in 2023, he was kidnapped by soldiers of the late Idi Amin and has not been seen or heard from since. His family, including his wife Faida and children, have had no contact with him for over 52 years. On 30 August 2023, the applicant reported the disappearance to Wanyange Police Station and published a public notice in the Daily Monitor on 15 August 2023. The applicant was nominated by her siblings to obtain Letters of Administration to administer their father's estate.

Issues

  1. Whether Hussein Sulaiman, missing since 1971, should be presumed dead under section 47 of the Registration of Persons Act No. 4 of 2015.
  2. Whether the applicant satisfied the statutory requirements for an order of presumption of death.

Orders

  • Hussein Sulaiman, a former resident of Wanyange Village Cell, Wanyange Ward, Northern Division, 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

Evidence — Presumption of Death — Statutory Requirements under Registration of Persons Act
Under section 47 of the Registration of Persons Act No. 4 of 2015, an order for presumption of death may be granted where (i) a person has not been seen or heard from for seven years by those who might be expected to have seen or heard from the person if alive; (ii) the applicant is next of kin, a relative, or a person with knowledge of the disappearance; (iii) a report was made to police that the person is missing; (iv) an advertisement was placed in a newspaper; and (v) the court has competent jurisdiction.
Evidence — Burden of Proof — Presumption of Death after Seven Years
Under section 108 of the Evidence Act Cap 6, where a person has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is shifted to the person who affirms it.
Succession & Estates — Letters of Administration — Prerequisite of Death Certificate or Presumption of Death Order
A presumption of death order is a necessary prerequisite to obtaining Letters of Administration where the deceased person has been missing for an extended period and no death certificate is available.

Legislation cited (6)

Cases cited (1)

  • Nalongo Nazziwa Josephine v Uganda (Supreme Court 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 for presumption of death of Suliaman( missing person since 1971) (Miscellaneous Application 267 of 2023) [2023] UGHC 184 (18 November 2023)
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.