Wakilii

Nassimbwa Rose and Others v Kibugo David and Others (Miscellaneous Application 317 of 2024)

High Court · [2025] UGHC 367 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for exhumation and DNA testing arising from civil suit concerning estate distribution
Decision
Application granted; exhumation ordered for paternity testing of 17 alleged children of the deceased

Observed later treatment

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Holding

The court granted an order for exhumation of the deceased's remains to conduct paternity DNA testing among 17 alleged children. The court held that where parties agree and there is a clear and compelling justification, exhumation may be ordered despite the principle that the resting place of the deceased should remain undisturbed. The application was brought in good faith to enable proper distribution of the estate among legitimate beneficiaries.

Outcome

Application granted; exhumation ordered for paternity testing of 17 alleged children of the deceased

Facts

The applicants are administrators of the estate of the late Nsereko George. When they attempted to distribute the estate, the 1st respondent contested the distribution in Civil Suit No. 32 of 2024. Issues arose concerning the paternity of some beneficiaries. The deceased had 19 children, of whom 2 have died and 17 remain alive. A family rift emerged with some children believing that Kiwalabye Absolom (2nd applicant), Kabenge Ronald (2nd respondent), and Sebuliba Godfrey (4th applicant) are not children of the deceased. The applicants sought a sibling kinship test or, alternatively, exhumation of the deceased's remains for paternity DNA testing. No safely stored samples of the deceased's genetic material were available. The 2nd, 3rd, 4th, 5th, 8th, 9th, 10th, 11th, 12th and 13th respondents supported the application. During the hearing, all parties agreed to paternity DNA testing requiring exhumation.

Issues

  1. Whether the applicants have laid a sufficient basis to warrant the issuance of an order directing that a sibling kinship test be conducted amongst the children of the late Nsereko George.
  2. Whether in the alternative, an order for exhumation of the body of the deceased for purposes of collecting sample tissues to carry out DNA tests should be granted.

Orders

  • An order for exhumation of the deceased to determine parentage is hereby granted.
  • The remains of the late Nsereko George shall be exhumed to obtain samples for conducting the paternity examination.
  • The paternity test shall be conducted by the Government Analytical Laboratories, Wandegeya, Kampala District.
  • All the children of the late Nsereko George who are parties to this suit shall present themselves to the Government Analytical Laboratories, Wandegeya, Kampala District, within 30 days from the date of this ruling for purposes of extracting their samples.
  • The paternity test results shall be submitted to the Court by the parties by the 25th day of August, 2025.
  • The process of the paternity test shall be monitored by all the parties and their respective counsel.
  • The costs of the Sibling Deoxyribonucleic Acid (DNA) test and the exhumation of the remains of the late Nsereko George shall be charged on the estate of the late Nsereko George.
  • Each party shall bear its own costs of this application.

Rules and key headnotes

Evidence — DNA Testing — Court's Discretion to Order Paternity Tests
In exercising its discretionary power to grant or refuse DNA testing, the court must be satisfied that the application is brought in good faith and is not designed to economically exploit, embarrass, or otherwise abuse the process of court.
Succession & Estates — Estate Administration — DNA Testing to Determine Beneficiaries
Where issues arise as to the paternity of beneficiaries to an estate, the court may order DNA testing to enable administrators to distribute the estate among proper beneficiaries, provided the application is brought in good faith.
Evidence — Exhumation — Principles Governing Court's Discretion
The primary function of the court is to keep faith with the dead, and the resting place of the deceased should remain undisturbed. The court should be reluctant to order exhumation except where there is a clear and compelling justification. However, when circumstances make it desirable and imperative that a body be exhumed, the court will not unnecessarily fetter its discretion but will order exhumation to meet the ends of justice.
Evidence — Exhumation — Agreement of Parties as Factor
Where all parties to a suit agree that exhumation and paternity testing are in their best interest and that of the estate, and the application is brought in good faith to enable proper estate distribution, the court may grant an order for exhumation despite the principle that the deceased's resting place should remain undisturbed.
Succession & Estates — Estate Administration — Costs of DNA Testing
The costs of DNA testing and exhumation ordered to determine the proper beneficiaries of an estate may be charged on the estate itself.

Legislation cited (3)

Cases cited (2)

  • MW v KC (Miscellaneous Application No. 105 of 2004)
  • Re Matheson (deceased) [1958] 1 All ER 202

Full judgment

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Nassimbwa Rose and Others v Kibugo David and Others (Miscellaneous Application 317 of 2024) [2025] UGHC 367 (2 June 2025)
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.