Wakilii

Nabukeera Jane v Ssenyonga Mike (Miscellaneous Cause No. 09 of 2026)

High Court · [2026] UGHC 273 · 2026 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to determine burial place of deceased husband and children following fatal accident
Decision
Application partly allowed. Deceased husband to be buried at ancestral burial grounds at Kyalusolwe. Deceased children to be buried at parents' home at Mpugwe. DNA sample to be preserved for future use.

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Holding

Held that where a deceased person's burial wishes are disputed and uncorroborated, the court will apply customary law to determine the burial place. A widow who derives her status from customary marriage cannot invoke that framework to establish her position and then disregard it when determining burial. Where the deceased was a customary heir who acted to preserve ancestral burial grounds, and lived within the customary framework as head of a polygamous household, burial at the ancestral home is appropriate under Baganda custom and ensures equal access for all family members.

Outcome

Application partly allowed. Deceased husband to be buried at ancestral burial grounds at Kyalusolwe. Deceased children to be buried at parents' home at Mpugwe. DNA sample to be preserved for future use.

Facts

On 16 March 2026, Ssenyonjo Bosco died in a fatal accident along with two of his adult children while en route to Entebbe International Airport. The applicant, his customary wife, survived with severe injuries, as did another daughter. A dispute arose between the applicant and the deceased's extended family over the burial place. The applicant, holding a certificate of traditional marriage from the Kingdom of Buganda dated 15 December 2013, sought burial at the deceased's home at Mpugwe. The respondent (the deceased's brother), the deceased's mother, and three other women claiming to be customary wives sought burial at the ancestral burial grounds at Kyalusolwe. The deceased was a customary heir, a father of twins, and held cultural leadership positions within the Buganda cultural structure. He had previously acted to redeem the ancestral burial grounds when they were allegedly mortgaged. Mediation failed to resolve the dispute.

Issues

  1. Whether the deceased persons should be buried at their ancestral cemetery at Kyalusowe in Masaka or at the late Bosco Senyonjo's family burial ground at Mpugwe, Masaka?
  2. Whether the deceased should be buried in accordance with the late Bosco Senyonjo's wishes or in accordance with the customs of the Buganda culture?
  3. Who has the right to determine where the deceased who dies intestate should be buried?
  4. What remedies are available to the parties?

Orders

  • The funeral of the late Ssenyonjo Bosco shall take place at his ancestral home at Kyalusolwe, Nyendo-Mukungwe, Masaka City, one day prior to the burial of his children.
  • The bodies of the late Ssenyonjo Simon and the late Nankindu Sherinah shall be buried the following day at their parents' home at Mpugwe, Nyendo-Mukungwe, Masaka City.
  • Before bodies of the deceased are interred at the respective burial places, they shall be removed from Kitovu Hospital where they are currently, for a vigil at the deceased's home at Kasana, Nyendo.
  • Before his burial, a DNA sample shall be obtained from the body of the late Ssenyonjo Bosco by appropriate medical personnel and preserved under the guidance of the Medical Superintendent of Kitovu Hospital for any future court-approved use.
  • Each party shall bear its own costs.

Rules and key headnotes

Burial Rights — Customary Marriage — Approbation and Reprobation
A widow who derives her status and authority from a customary marriage cannot invoke that customary framework to establish her position as a widow and then seek to disregard the same customary law when it comes to determining the burial place of the deceased.
Burial Rights — Deceased's Wishes — Standard of Proof
Where multiple parties assert conflicting and uncorroborated claims about the deceased's burial wishes, with each claiming to have been told separately and without specificity as to time or circumstances, the court cannot ascertain the deceased's wishes with any degree of certainty and will not rely on such evidence.
Burial Rights — Customary Law — Inference from Conduct
Where a customary heir intervenes to secure ancestral burial land from alienation, the most reasonable inference is that he regarded that land as of enduring personal and familial importance and, on a balance of probabilities, intended to be laid to rest there, absent clear written or unequivocal evidence of a contrary intention.
Cultural Rights — Application of Customary Law
Article 37 of the Constitution guarantees every person the right to belong to, enjoy, practice, profess, maintain and promote their culture, tradition, and customs. Courts are obliged to accord due regard to established cultural practices and to apply customary law under section 14(2)(b)(ii) of the Judicature Act, provided such custom is not repugnant to natural justice, equity and good conscience, and is not inconsistent with any written law.
Burial Rights — Polygamous Households — Ancestral Burial Grounds
Where a deceased person lived a polygamous life within a customary framework and was a customary heir and head of a polygamous household, burial at the ancestral home is appropriate as it ensures equal access for the widow, the mother, all women with whom he bore children, and all the children, unlike burial at the residence of one widow where others would have limited access.
Burial Rights — Baganda Custom — Father of Twins
Under Baganda custom, it is not appropriate for a father of twins (Salongo) who is also a customary heir and clan leader to be buried in a new burial ground where an established ancestral burial ground exists.
DNA Testing — Preservation of Samples — Burial Disputes
In a burial dispute, the court may order a DNA sample to be taken from the body of the deceased and preserved for future use to avoid the need for later exhumation applications, but will decline to order DNA testing at that stage where paternity is not an issue for determination in the application, which is limited to the question of burial.

Legislation cited (11)

Cases cited (5)

Full judgment

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Nabukeera Jane v Ssenyonga Mike (Miscellaneous Cause No. 09 of 2026) [2026] UGHC 273 (26 March 2026)
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.