Ten family members of city lawyer Hassan Male Mabirizi Kiwanuka have appealed against the decision Mukono Grade one Magistrate Paul Matyama in which he ruled that all the children presumed be the late Mohamed Bazinduse Lulibedda Mutumba (Mabirizi’s biological father) to under go DNA test so as to establish their degree of relationship.
in their appeal filed to Mukono High Court and served to Mabirizi (respondent), these pointed that the learned trial Magistrate erred in law and fact , thereby coming up with a wrong conclusion.
“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. 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.”
These also contend that the ruling of the learned trial magistrate occasioned an injustice when he ordered the estate of the late Mohamed Bazinduse Lulibedda Mutumba to foot the bill for such DNA relationship test.
That the learned Trial Magistrate ered in law and fact to order a DNA relationship test of persons not party to the application and outside his territorial jurisdiction.
“The learned Trial Magistrate ered in law and fact when he held that a DNA test would resolve wrangles in the family of the Appellants which are not there.”
That the same learned trial magistrate ered in law and fact when he misinterpreted and misapplied in his ruling Hon Justice Victoria Nakintu Nkwanga Katamba’s judgment in Mukwaya Badru Vs Ssentamu Moses and 7 others, High Court Masaka CA No 19 0f 2021 whose facts are totally different from those of the case at hand.
They therefore asked court to allow the appeal and set aside the ruling of the lower court allowing a DNA relationship.
Background
Lawyer Hassan Male Mabirizi petitioned court dragged to court nine of his siblings led by Pastor Solomon Male as respondents in an application seeking for an exhumation order for the remains of Mohamed Bazinduse Lulibedda Mutumba who was buried on 21st June 2022 at Kasana Village, Ndese Township/ Parish, Seeta-Namuganga Sub county, Mukono District.
In this Mabirizi was seeking court to order for a DNA test to be carried on the remains of the deceased , Mabirizi and other children to establish the real children of Bazinduse.
This resulted from allegations that the deceased left a will mentioning all his children minus Mabirizi.
