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 1 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance miscellaneous application for a presumption of death order
Decision
Hussein Sulaiman declared presumed dead; order to be served on National Identification and Registration Authority to enable applicant to obtain Letters of Administration

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 for Hussein Sulaiman, who disappeared on 29 January 1971 during the coup that brought President Idi Amin to power. The applicant satisfied all five statutory conditions under section 47 of the Registration of Persons Act: the missing person had not been seen or heard from for over 52 years; the applicant was the biological daughter and next of kin; a police report was filed; a newspaper advert was published; and the court had competent jurisdiction.

Outcome

Hussein Sulaiman declared presumed dead; order to be served on National Identification and Registration Authority to enable applicant to obtain Letters of Administration

Facts

Hussein Sulaiman, a military officer (Brigadier) serving in the Uganda army, disappeared on 29 January 1971 during the coup that brought President Idi Amin to power. According to a police report, he was kidnapped by soldiers of the late Idi Amin as narrated by his wife Faida. His family has not seen or heard from him since that date, over 52 years. The applicant, Ayika Rehema Hussein, his biological daughter, was nominated by her siblings to obtain Letters of Administration to administer his estate. She reported his disappearance to Wanyange Police Station in August 2023, published a public notice in the Daily Monitor newspaper on 15 August 2023, and received no information about his whereabouts. She sought a presumption of death order to enable her to obtain a death certificate and subsequently apply for Letters of Administration.

Issues

  1. Whether the court should grant an order of presumption of death for Hussein Sulaiman who disappeared in 1971.
  2. Whether the applicant satisfied the statutory requirements under section 47 of the Registration of Persons Act No. 4 of 2015 for presumption of death.

Orders

  • Application allowed.
  • Hussein Sulaiman, a former resident of Wanyange Village Cell, Wanyange Ward, Northern Division is presumed dead.
  • This order shall be served on National Identification and Registration Authority.
  • The Applicant shall bear the costs to this Application.

Rules and key headnotes

Succession & Estates — Presumption of Death — Statutory Requirements
To obtain an order of presumption of death under section 47 of the Registration of Persons Act No. 4 of 2015, five conditions must be fulfilled: (1) the person has not been seen or heard from for seven years by those who might be expected to have seen or heard from them if alive; (2) the applicant must be next of kin, a relative, or a person with knowledge of the disappearance; (3) a report was made to police that the person is missing; (4) an advert was placed in a newspaper notifying the public; and (5) the court has competent jurisdiction.
Succession & Estates — Presumption of Death — Time Period
The time period required for presumption of death has been modified by statute from the common law requirement of seven years: under the Estate of Missing Persons (Management) Act Cap 159, the presumption of death arises after a person has been missing for more than three years.
Succession & Estates — Presumption of Death — Burden of Proof
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 them if they were alive, the burden of proving that the person is alive shifts to the person who affirms it.

Legislation cited (7)

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 1
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.