[2022] UGHCFD 19

[2022] UGHCFD 19

The court found that all statutory requirements for presumption of death under section 47 of the Registration of Persons Act No 4 of 2015 were satisfied: Deo Mulindwa had not been seen or heard from by family or relatives for over 31 years, exceeding the seven-year threshold; the applicant was a biological brother and next of kin; a police report was made and confirmed the disappearance; public notice was given through newspaper adverts; and the High Court had competent jurisdiction. No evidence was presented to rebut the presumption. Accordingly, the court granted the order presuming Deo Mulindwa dead, to be served on the National Identification and Registration Authority, with costs to...

Citation
[2022] UGHCFD 19
Parties
Applicant: Kyoma Tom Victor; Respondent: Deo Mulindwa
Court
HC: Family Division (Uganda)
Jurisdiction
Uganda
Judgment Date
16 September 2022
Case Number
Misc Cause 13 of 2022
Procedural Posture
Miscellaneous Cause / Ruling on Application for Presumption of Death
Outcome
application allowed
Judges
Allan Nshimye, J
Legal Topics
Presumption of Death, Missing Persons, Declaration of Death, Administration of Estates
Source Language
English
Civil Procedure Family and Children Presumption of Death Missing Persons Declaration of Death Administration of Estates

Case Brief

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Parties

Kyoma Tom Victor

Applicant

Deo Mulindwa

Respondent

Procedural Posture

Miscellaneous Cause / Ruling on Application for Presumption of Death

Legal Issues

  1. 1 Whether Deo Mulindwa, missing since the 1990s, can be legally presumed dead under Ugandan law.
  2. 2 Whether the applicant, as a biological brother, has locus standi to seek the presumption of death.
  3. 3 Whether all statutory requirements for presumption of death have been satisfied.

Ratio Decidendi

The court found that all statutory requirements for presumption of death under section 47 of the Registration of Persons Act No 4 of 2015 were satisfied: Deo Mulindwa had not been seen or heard from by family or relatives for over 31 years, exceeding the seven-year threshold; the applicant was a biological brother and next of kin; a police report was made and confirmed the disappearance; public notice was given through newspaper adverts; and the High Court had competent jurisdiction. No evidence was presented to rebut the presumption. Accordingly, the court granted the order presuming Deo Mulindwa dead, to be served on the National Identification and Registration Authority, with costs to...

Court Disposition

application allowed

Orders

  • Deo Mulindwa formerly of Rwentobo in Ntungamo district is presumed dead.
  • This order shall be served on the National Identification and Registration Authority.