Wakilii

Pauline Namuddu v Natenda Monica (Miscellaneous Application 2235 of 2024)

High Court · [2025] UGHCFD 127 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application arising from civil suit for DNA test to establish paternity and beneficial interest in deceased estate
Decision
Application granted; DNA test ordered to determine paternity and beneficial interest in estate

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court struck out the respondent's affidavit in reply for being filed 31 days late without explanation, in breach of Order XII Rule 3(2) of the Civil Procedure Rules which requires replies to interlocutory applications to be filed within 15 days of service. The court granted the application for a DNA test, holding that where paternity is disputed and determines beneficial interest under the Succession Act, a DNA test serves the interests of substantive justice and does not prejudice the respondent who claims to be the deceased's daughter.

Outcome

Application granted; DNA test ordered to determine paternity and beneficial interest in estate

Facts

The applicant, administrator of the estate of the late Ssebagala Nasanairi Musisi, applied for a DNA test to establish whether the respondent is a biological daughter of the deceased. The applicant claimed that the deceased had during his lifetime stated that the respondent was not his daughter but was fathered by one Kigozi Fred with the deceased's wife Kabasweka Maria Gorret, and that the deceased had chased the respondent away. The respondent claimed she was the deceased's daughter, had grown up under his care, and had been gifted land by him in 1990 on which she constructed houses. The respondent opposed the application, arguing it was an abuse of process, an afterthought, and that the applicant's letters of administration had been recalled. The applicant had previously filed a similar application before Makindye Chief Magistrate's Court which was dismissed on grounds that only the High Court could make such orders.

Issues

  1. Whether the respondent's affidavit in reply filed 47 days after service should be struck out for being filed out of time.
  2. Whether the applicant is entitled to an order for a DNA test to establish whether the respondent is a biological daughter of the late Ssebagala Nasanairi Musisi and thus has locus standi to claim beneficial interest in the deceased's estate.

Orders

  • A DNA test is to be carried out by MBN Laboratory to establish whether the applicant and respondent are biological sisters.
  • In the event that the results turn negative, establish who is the biological daughter of the late Ssebagala Nasanairi Musisi.
  • The costs of the tests shall be borne by the applicant and this should be done within a period of thirty days from the date hereof.
  • The costs of this application will be in the cause.
  • The respondent's affidavit in reply is struck out.

Rules and key headnotes

Civil Procedure — Interlocutory Applications — Time Limits for Filing Affidavit in Reply
Under Order XII Rule 3(2) of the Civil Procedure Rules, a reply to an interlocutory application must be filed within fifteen days from the date of service of the application. An affidavit in reply filed outside this period without leave of court and without explanation for the delay is liable to be struck out.
Civil Procedure — Pleadings — Purpose of Timelines
Timelines for filing pleadings are meant to ensure timely hearings, enable parties to file rejoinders or sur-rejoinders when necessary, and give prediction on when pleadings should be concluded so as to set the matter for hearing. A party is not at liberty to file a reply whenever they please as long as it is before the hearing date.
Civil Procedure — Delay — Duty to Account for Delay
A delay in filing pleadings must be accounted for and it does not matter the length of the delay. Leave of court must be sought for extension of time to file a pleading if it is delayed.
Evidence — DNA Testing — Paternity Disputes in Succession Matters
Where a person claims an interest in a deceased's estate as a beneficiary under the Succession Act and their paternity is disputed, a DNA test may be ordered to determine whether they fall within the category of beneficiaries entitled under section 23 of the Succession Act and whether they have locus standi to institute proceedings.
Succession & Estates — Intestate Succession — Beneficial Interest — Proof of Relationship
Under section 21 of the Succession Act, property in an intestate estate devolves upon the personal representative on trust for those persons entitled under the Act. A person claiming beneficial interest must fall within the category of beneficiaries described in section 23, and where paternity is disputed, a DNA test is an appropriate means of establishing entitlement.

Legislation cited (7)

Cases cited (3)

  • Iran Uganda Trade & Investment Promotional Services Ltd v Uganda Investment Authority (Miscellaneous Application No. 497 of 2022)
  • Dr. Lam Lagoro James v Muni University (Miscellaneous Cause No. 007 of 2016)
  • Mulindwa George William v Kisuhika Joseph (Supreme Court Civil Appeal No. 12 of 2024)

Full judgment

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

Pauline Namuddu v Natenda Monica (Miscellaneous Application 2235 of 2024) [2025] UGHCFD 127 (19 September 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.