Wakilii

Makokha v Namatovu (Civil Revision 9 of 2022)

High Court · [2023] UGHCFD 172 · 2023 Revision Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Revision application from Family & Children's Court of Makindye seeking to set aside an order for DNA paternity testing
Decision
Revision dismissed; matter remitted to Chief Magistrate's Court for determination; DNA testing ordered to proceed

Observed later treatment

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Holding

Held that the Magistrate's Court acted within its jurisdiction and lawfully when it ordered DNA testing under Children Act s.69(4) to establish paternity in maintenance proceedings. The court may order DNA testing on its own motion upon such terms as may be just. The applicant's request to have paternity resolved first, followed by his failure to comply with the testing order and to prosecute the revision expeditiously, rendered the revision application improper. Revision dismissed.

Outcome

Revision dismissed; matter remitted to Chief Magistrate's Court for determination; DNA testing ordered to proceed

Facts

The respondent claimed to have sired a child with the applicant and filed for protection, custody, and maintenance orders in the Family & Children's Court of Makindye. The applicant denied paternity and claimed there was no proof the respondent was the child's mother. On 14 October 2022, after the respondent stated that paternity needed to be resolved first, the applicant responded he had no objection. The trial magistrate ordered DNA testing at MBN Laboratories on 21 October 2022 with costs to be borne by the applicant. The applicant filed this revision application on 7 November 2022 seeking to set aside the DNA testing order, but never returned to the lower court nor complied with the testing directive. The respondent did not file a reply and made no appearance at the revision hearing.

Issues

  1. Whether this is a proper case for a revision order.
  2. Whether the applicant is entitled to the orders sought in the application.

Orders

  • Civil Revision No. 009 of 2022 is dismissed.
  • Family Cause No. 270 of 2022 Blessing Brenda Namatovu Versus Makokha Benrox Deveon is referred to the Chief Magistrate Court for determination.
  • A Deoxyribonucleic (DNA) sample shall be collected from the applicant and the child (Devon Moses Makokha) and the DNA test conducted by MBN Laboratories.
  • The samples should be collected within 7 days from the date of this ruling, not later than 27th November, 2023 and DNA test results submitted to the Chief Magistrate Court of Makindye not later than 20th December, 2023.
  • The Costs of the DNA test shall be borne by the Applicant (Makokwa Benrox Devon).
  • The applicant will meet the costs of this application.

Rules and key headnotes

Family Law — Declaration of Parentage — DNA Testing — Court's Discretion
Under Children Act s.69(4), in proceedings for the declaration of parentage, the court may on the application of any party or on its own motion make an order requiring any person to give evidence including a blood sample for blood tests, upon such terms as may be just. The power to order DNA testing is not contingent on a formal application for declaration of parentage having been filed first, where the issue of paternity arises in maintenance proceedings.
Civil Procedure — Revision — Grounds for Revision — Material Irregularity
Under Civil Procedure Act s.83, the High Court may revise a magistrate's decision where the court exercised jurisdiction not vested in it, failed to exercise jurisdiction so vested, or acted illegally or with material irregularity or injustice. A revision order is not proper where the lower court acted within its jurisdiction and exercised its discretion lawfully without material irregularity.
Family Law — DNA Testing — Costs — Allocation of Costs
Where DNA testing is ordered to establish paternity in maintenance proceedings and the putative father requested that paternity be resolved first, it is within the court's discretion to order the putative father to bear the costs of the DNA test. The court must exercise its discretion after balancing the interests of parties and considering whether DNA testing is needed for a just decision.
Family Law — Children's Rights — Best Interests of the Child — Constitutional Protection
Under Constitution Article 34(1) and (7), children have a right to know and be cared for by their parents, and the law accords special protection to orphans and other vulnerable children. Courts must handle matters concerning children expeditiously, and establishing paternity is essential to determining custody, maintenance, and parental responsibility under Children Act s.6(1) and s.73(1).

Legislation cited (13)

Cases cited (2)

  • Sserunjogi Charles Musoke & Katamba John Ssemakula v Tony Nkuubi (Originating Summons No. 7 of 2019)
  • MW V KC Kakamega High Court Misc. Application No. 105 of 2004

Full judgment

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Makokha v Namatovu (Civil Revision 9 of 2022) [2023] UGHCFD 172 (20 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.