Sandra Ainebyoona.
Hon. Justice David Matovu of the High Court Family Division in Makindye is set to deliver a ruling on October 5th, 2023 relating to an appeal lodged by Pastor Solomon Male and other family members, who are challenging an order issued by Mukono Grade One Magistrate Paul Matyama. The disputed order mandates DNA tests to determine the legitimacy of their claim as the true children of Muhammad Bazinduse Lulibedda Mutumba. Perennial litigator Lawyer Hassan Male Mabirizi claims that the late Mutumba is also his the father.
Furthermore, the court will address a cross-appeal filed by Lawyer Male Mabirizi himself. He contests certain orders that were denied by the same magistrate in his previous application to exhume the remains of Bazinduse for DNA testing.
The legal process is advancing with specific timelines. Pastor Male’s legal team has been directed to submit their arguments by August 22nd, 2023. In response, Lawyer Male Mabirizi is expected to file his reply by August 30th, with an option for further rejoinder submissions to be made by September 5th, 2023. The much-awaited ruling is scheduled for October 5th, 2023, at 12:30 pm.
The central issue in the appeal put forth by Pastor Male and his co-appellants pertains to their claim that the original trial magistrate’s decisions were fundamentally flawed. They argue that the DNA relationship test order was issued without due consideration of the late Bazinduse’s last will, which explicitly excluded Male Mabirizi as a child and beneficiary of the estate. Additionally, they contest the financial burden placed on the estate for the expenses associated with DNA testing.
Lawyer Hassan Male Mabirizi had initiated the legal process by seeking an exhumation order for the remains of Muhammad Bazinduse Lulibedda Mutumba, who was interred on June 21st, 2022, at Kansana village in Seeta-Namuganga sub-county, Mukono district.
The primary objective of Mabirizi’s application was to obtain a DNA test on the deceased’s remains, as well as on his own and those of other alleged children. This process aims to definitively establish the true lineage of Bazinduse’s offspring. The upcoming ruling by the High Court Family Division is anticipated to provide clarity on these intricate matters.
