[2018] UGHCFD 15

[2018] UGHCFD 15

The court found that the evidence presented, including the police report, newspaper advert, letters from family and local council, and sworn testimony, established that Yekoyasi Nkalubo had not been seen since 1984. The statutory requirements under Section 47(2) of the Registration of Persons Act were satisfied, and the applicant was entitled to an order of presumption of death. The absence of any contrary evidence or opposition further supported the application. The court exercised its inherent jurisdiction under Section 98 of the Civil Procedure Act and the procedural rules to grant the order, enabling the family to proceed with estate management and legal representation.

Citation
[2018] UGHCFD 15
Parties
Applicant: Senkumba John Nkalubo; Respondent: Yekoyasi Nkalubo
Court
HC: Family Division (Uganda)
Jurisdiction
Uganda
Judgment Date
8 May 2018
Case Number
Miscellaneous Application No. 006 of 2017
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application_granted
Judges
Kitariisibwa-Katunguka, J
Legal Topics
Presumption of Death, Missing Persons, Estate Management
Source Language
English
Family and Children Civil Procedure Presumption of Death Missing Persons Estate Management

Case Brief

Summary, issues, holding and outcome

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Parties

Senkumba John Nkalubo

Applicant

Yekoyasi Nkalubo

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether an order of presumption of death can be granted in respect of Yekoyasi Nkalubo.

Ratio Decidendi

The court found that the evidence presented, including the police report, newspaper advert, letters from family and local council, and sworn testimony, established that Yekoyasi Nkalubo had not been seen since 1984. The statutory requirements under Section 47(2) of the Registration of Persons Act were satisfied, and the applicant was entitled to an order of presumption of death. The absence of any contrary evidence or opposition further supported the application. The court exercised its inherent jurisdiction under Section 98 of the Civil Procedure Act and the procedural rules to grant the order, enabling the family to proceed with estate management and legal representation.

Court Disposition

application_granted

Orders

  • Yekoyasi Nkalubo is declared presumed dead as of this ruling.
  • The applicant shall bear the costs of this application.