Wakilii

Mukwaya & 6 Others v Ssentamu & Another (Civil Appeal 10 of 2022)

High Court · [2023] UGHC 391 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of High Court order directing DNA relationship test on children of deceased, arising from Civil Appeal No. 19 of 2021
Decision
Application for review dismissed with guidance on how DNA testing should proceed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed an application for review of its earlier order directing DNA relationship tests on the children of a deceased person. The court held that the applicants failed to satisfy any of the grounds for review, as all matters raised occurred after the original order was issued. Review is not the appropriate procedure to address grievances arising after an order has been made. The court provided guidance that DNA testing could proceed by having all children submit blood samples for relationship testing to determine lineage.

Outcome

Application for review dismissed with guidance on how DNA testing should proceed

Facts

The late Nalaba Charles died testate. After his death, disputes arose regarding the paternity of certain persons claiming to be his children. In Civil Appeal No. 19 of 2021, the High Court ordered DNA relationship tests on all presumed children of the deceased, to be conducted at the estate's expense. The DNA test could not be conducted because there were no reference samples from the deceased. The applicants, seven persons claiming to be children of the deceased, sought review of the DNA order, arguing that the test was based on bias and malice, that the estate could not fund the process because estate property had been illegally sold by the respondents, and that family meetings to resolve the issue were not attended by the respondents. The respondents argued that exhumation of the deceased's body could provide reference samples for testing and that the DNA test was necessary to confirm lineage for all parties' benefit.

Issues

  1. Whether the order requiring DNA relationship tests on all children of the late Nalaba Charles should be reviewed and set aside.
  2. Whether the order requiring DNA tests to be conducted at the expense of the estate should be reviewed and set aside.
  3. Whether the applicants satisfied the grounds for review under Section 82 of the Civil Procedure Act and Order 46 of the Civil Procedure Rules.

Orders

  • The application for review largely fails.
  • No order as to costs, as the matter is between family members and the court seeks to promote reconciliation.
  • Each of the issues of the late Charles Nalaba should present themselves before the Government Laboratory technologist and submit blood samples for relationship testing.

Rules and key headnotes

Review of Court Orders — Grounds for Review — Events Occurring After Order Made
An application for review is not the appropriate procedure to address grievances or matters that arose after the original order was issued. Review is concerned with correcting errors in the original decision-making process, not with supervising subsequent developments.
Review — Grounds — Mistake or Error Apparent on Face of Record
For a court to exercise its powers of review under Section 82 of the Civil Procedure Act and Order 46 Rule 1 of the Civil Procedure Rules, an applicant must prove: (1) that there is a mistake or error apparent on the face of the record; (2) that there is discovery of new and important evidence which after exercise of due diligence was not within the applicant's knowledge at the time of the original order; or (3) any other sufficient reason exists.
DNA Testing for Paternity — Procedure Where Deceased Has No Reference Sample
Where DNA testing is required to determine the children of a deceased person but no reference sample from the deceased is available, a relationship test may be conducted by having all persons claiming to be children submit blood samples. This process allows determination of which persons are related and which DNA profiles are at variance from the family relationship majority.

Legislation cited (8)

Cases cited (1)

  • FX Mubuuke v Uganda Electricity Board (High Court Miscellaneous Application No. 98 of 2005)

Full judgment

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

Mukwaya & 6 Others v Ssentamu & Another (Civil Appeal 10 of 2022) [2023] UGHC 391 (2 October 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.