Wakilii

Makokha v Namatovu (Civil Revision 9 of 2022)

High Court · [2023] UGHCFD 103 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for revision from an order of the Family and Children's Court of Makindye directing DNA testing
Decision
Revision dismissed; matter remitted to Chief Magistrate's Court for determination after DNA testing

Observed later treatment

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Holding

The High Court dismissed the revision application. The trial magistrate acted within jurisdiction in ordering DNA testing under section 69(4) of the Children Act. The magistrate exercised her powers legally without material irregularity. The court directed that DNA testing proceed as ordered by the lower court, with costs borne by the applicant, and referred the underlying family cause back for determination.

Outcome

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

Facts

The respondent applied to the Family and Children's Court of Makindye for protection, custody and maintenance orders, claiming to have a child with the applicant. The applicant denied paternity and knowledge of the respondent and child. On 14 October 2022, the magistrate ordered DNA testing at MBN Laboratories with costs to be borne by the applicant. The applicant filed this revision application seeking to set aside the DNA order, arguing the maintenance application was premature and incompetent, and that the order violated his right to a fair hearing. The applicant did not attend the scheduled DNA test and failed to appear at multiple hearings in the revision proceedings despite being served and contacted by the court.

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.
  • 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 (Makokha Benrox Devon).
  • The applicant will meet the costs of this application.

Rules and key headnotes

Family Law — Declaration of Parentage — Powers of Court to Order DNA Testing
Under section 69(4) of the Children Act, in proceedings for the declaration of parentage, the court may on its own motion make an order requiring any person to give evidence which may be material to the question, including a blood sample for the purpose of blood tests.
Civil Procedure — Revision — Scope of Revisional Jurisdiction
The High Court may revise a magistrate's decision under section 83 of the Civil Procedure Act only where the magistrate exercised jurisdiction not vested in law, failed to exercise vested jurisdiction, or acted in the exercise of jurisdiction illegally or with material irregularity or injustice.
Family Law — DNA Testing — Costs
A court ordering DNA testing in parentage proceedings must exercise its discretion after balancing the interests of the parties and must be convinced that the application is made in good faith and is not designed to economically exploit, embarrass, or abuse the court process.
Family Law — Children's Rights — Constitutional Protection
Under Article 34(1) and (7) of the Constitution, 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.

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

Makokha v Namatovu (Civil Revision 9 of 2022) [2023] UGHCFD 103 (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.