Mabirizi’s siblings challenge court order for DNA test

The siblings to lawyer controversial lawyer, Male Mabirizi have challenged an order by court to have all of them undergo a DNA paternity test in order to ascertain whether they belong to the same father.

The Chief Magistrates Court in Mukono last month ordered for a DNA test for Mabirizi and all his siblings to allow for a DNA paternity test  on the request of the lawyer.

The lawyer in his application to court sought an exhumation order for the remains of his late father Mohamed Mutumba buried on June, 21, 2022 at Ndese village, Ndese town, Seeta Namuganga sub-county in Mukono district for a DNA test after a will presented by his siblings and his father’s mistress indicated that he was not mentioned anywhere.

The controversial lawyer said he cast doubt on the relationship between his purported siblings and his late dad.

Court reasoned with Mabirizi that in order to solve the family wrangles, a DNA test would be the best solution.

However, in an appeal before the High Court in Mukono, 10 of lawyer Mabirizi’s siblings including Pastor Moses Solomon Male, Sirim Mabirizi Mutumba, Muhamed Mutumba, Faisal Sebatindira Mutumba, Shafik Nsereko Mutumba, Sarah Namala Mutumba, Rehema Nababi Mutumba, Farada Nambalirwa Mutumba, Shameem Mutumba and Sophie Nassozi Mutumba say they are not okay with having a DNA test carried out on them.

These say the trial magistrate in Mukono erred in law and fact to order a DNA relationship test between Mabirizi and them, without their consent.

“The learned trial Magistrate erred 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 also 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,” Mabirizi’s siblings say in their appeal challenging the order for DNA test.

Mabirizi’s siblings say the trial justice occasioned injustice when he order the estate of the late Mohamed Bazinduse Lulibedda Mutumba to foot the bill for such DNA relationship test.

They also argue that it was error for court to order a DNA relationship test of persons not party to the application by Mabirizi and outside his territorial jurisdiction, adding that it was an error for court to conclude that a DNA test would help resolve wrangles in the family which they say are not there.

Mabirizi’s siblings want court to set aside the ruling and subsequent order for a DNA test.

 

https://nilepost.co.ug/2023/06/10/court-orders-dna-on-mabirizi-and-his-siblings-after-late-fathers-will-doesnt-mention-him-among-children/

 

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