City lawyer Hassan Male Mabirizi Kiwanuka has filed a cross appeal before Mukono High Court seeking to overturn Mukono Magistrates Court’s decision declining to issue orders for exhuming the skeleton of Late Muhammad Bazinduse Lulibedda Mutumba (alleged to be his father) for a DNA test to be carried out.
in his ruling delivered in early June this year, His Worship Matyama declined to issue orders for exhuming Lulibedda’s Skeleton yet they can get DNA from other existing Children and dismissed Mabirizi’s prayers for costs as he ordered the DNA test to be financed by the deceased’s estate.
in this cross appeal, Mabirizi contends that erred in law and facts on several occasion thus leading him to wrong findings.
“The learned Trial Magistrate Judge erred in law and fact in not entering a default judgment/ judgment on admission against all the Appellants.The learned Trial Magistrate Judge erred in law and fact in not ordering for exhumation of the late Mohamed Bazinduse Lulibedda Mutumba so that part of his skeleton is used as the basis for determination of paternity of his presumed children.”
Mabirizi also added that the learned Trial Magistrate Judge erred in law and fact in not awarding General, Aggravated and Exemplary damages to the Respondent.
Its from the above background that Mabirizi asked court to allow his cross appeal and issue an order for exhumation of the late Bazinduse so that part of his skeleton is used as the basis for determination of paternity of his presumed children.
On top of that he has asked for an order that the Costs of the Cross-appeal be paid to him.
In the same vein , Mabirizi’s family members led by Pastor Solomon Male appealed against the judgement of the Magistrates court basing on a number of grounds
The family members told court that the learned trial Magistrate ered in law and fact to order a DNA relationship test as it infringes on the rights to privacy and freedom of conscience of the Appellants.
They also contend that the learned trial magistrate erred in law and fact and occasioned a miscarriage of justice when he ordered the DNA relationship test between the respondent and children of Mohamed Bazinduse Lulibedda Mutumba in total disregard of his last will excluding him as his child and estate beneficiary.