In the matter of the Estate of Paul Rwakishaija (A Missing Person) [2026] UGHC 819

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that Paul Rwakishaija, who disappeared in the 1970s and whose disappearance was confirmed by a credible police investigative report, is a missing person under section 1 of the Estates of Missing Persons (Management) Act Cap 265. However, section 2(1) imposes two cumulative pre-conditions on an applicant for a management order: the applicant must be a relative of the missing person and must obtain the concurrence of the missing person's family, evidenced for example by family meeting minutes or a signed consent. The petitioner proved relationship but produced no evidence of family concurrence, so the management order was refused. Exercising power under section 37 of the Judicature Act, the court barred any sale or alienation of the estate pending appointment of a manager.

Outcome

Petition partially succeeded; declaration of missing person made and alienation of the estate barred, but management order refused with liberty to re-file after obtaining family concurrence

Facts

The petitioner, Katarina Bonabaana, acting through her daughter and lawful attorney Bamwiine Lilian Nalubega, sought an order to manage the estate of her brother Paul Rwakishaija. Paul Rwakishaija was a resident of Bihunya Cell, Katete Ward, Nyamitanga Division, Mbarara City South, who disappeared from his home in the 1970s and has never been heard of. He had no children and owned approximately five to six acres of land in Mbarara City, valued at about UGX 80,000,000. A Uganda Police investigative report dated 20 March 2024 from Ruti Police Station, following a report by the attorney, confirmed the disappearance and established that the petitioner and the missing person were siblings. In Mbarara High Court Civil Suit No. 57 of 2009, the court had placed Rwakishaija's portion of family land under the temporary care of the plaintiffs until a management order was obtained, after which the estate was to be distributed to the plaintiffs and the present petitioner. The petitioner alleged the caretakers had threatened to sell the property and had failed to account. No minutes of a family meeting or signed family consent were placed on the court record.

Issues

1. Whether Paul Rwakishaija is a missing person within the meaning of the Estates of Missing Persons (Management) Act Cap 265.
2. Whether the petitioner, as a sister of the missing person, is eligible for the grant of an order of management of his estate.
3. Whether the court should make a protective order restraining sale or alienation of the estate pending appointment of a manager.

Orders

• Paul Rwakishaija is a missing person as per section 1(1) of the Estates of Missing Persons (Management) Act Cap 265.
• The orders and decree in High Court Civil Suit No. 57 of 2009 shall remain in force.
• An order is issued barring any selling or alienating of the property of the estate of Paul Rwakishaija, a missing person, pending the appointment of a Manager of the estate with the concurrence of the beneficiaries.
• The Petitioner may file another petition seeking an order for the management of the estate of Paul Rwakishaija after due compliance with the law.
• The Petitioner shall meet the costs of this petition through her lawful attorney.

Rules and key headnotes

Legislation cited (3)

• Estates of Missing Persons (Management) Act Cap 265 s.1
• Estates of Missing Persons (Management) Act Cap 265 s.2(1)
• Judicature Act Cap 16 s.37

Cases cited (2)

• In the Matter of the Estate of Helvis Ajoku (A Missing Person) (Administration Cause No. 62 of 2023)
• Civil Suit No. 57 of 2009

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