Kerali Brian Henry and Others v Makerere University Retirement Benefits Scheme (Originating Summons No. 4 of 2025)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The court determined that Joan Kyomugisha and Melissa Kisakye were not biological children of the deceased based on sworn testimony from their mother, Pamela Ninsiima, who clarified that the deceased was not their father. The court held that Kerali Brian Henry and Kerali Rupert are the only known biological children and beneficiaries of the deceased's estate, and ordered Makerere University Retirement Benefits Scheme to pay the remaining retirement benefits to them.

Outcome

Retirement benefits ordered to be paid to the two confirmed biological children of the deceased

Facts

The late Kerali Anthony Geoffrey died intestate on 18 February 2021 while employed as a lecturer at Makerere University. He had accrued retirement benefits with Makerere University Retirement Benefits Scheme. The administrators of his estate sought payment of benefits to his two known biological sons, Kerali Brian Henry and Kerali Rupert. Pamela Ninsiima had claimed that the deceased fathered two children with her, Kyomuhendo Gift and Melissa Kisashe. The administrators sought DNA testing to resolve the paternity question, but Ninsiima refused. An application for determination of parentage was filed at Chief Magistrate's Court but withdrawn due to Ninsiima's non-attendance. The retirement scheme paid half the benefits to the estate and retained the balance pending resolution of the paternity issue. Ninsiima later testified on oath that the deceased was not the father of her two children, whom she named as Joan Kyomugisha and Melissa Kisakye, and that she had given birth to them during a period when she was married to another man.

Issues

1. Whether the retirement benefits of the late Kerali Anthony Geoffrey should be paid to the beneficiaries of the estate of the late Kerali Anthony Geoffrey to wit: Brian Kerali and Rupert Kerali.

Orders

• Kerali Brian Henry and Kerali Rupert are the only known biological children of the late Kerali Anthony Geoffrey.
• Kerali Brian Henry and Kerali Rupert are the beneficiaries of the estate of the late Kerali Anthony Geoffrey.
• Makerere University Retirement Benefits Scheme shall pay the remaining portion of the benefits of the late Kerali Anthony Geoffrey to the beneficiaries of his estate, to wit: Kerali Brian Henry and Kerali Rupert, unless contrary evidence is forthcoming.
• No order as to costs.

Rules and key headnotes

Legislation cited (1)

• Children Act Cap. 62 s.1

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