Mabirizi challenges “doctored” late dad’s will, asks court to nullify it

Lawyer Hassan Male Mabirizi has asked the Family Division of the High Court in Kampala to nullify a purported will by his late dad, Mohamed Bazinduse Lulibedda that he says was doctored by his siblings and father's mistress for their own personal benefit.

In a case before Justice Elizabeth Kabanda, Mabirizi accuses his siblings and one Sarah Kizza , the widow of Lulibedda of taking opportunity of his incarceration at Luzira prison to doctor a will they said was authored by his late dad and presented it to other family members.

He says the said purported will of his late father is unlawful, illegal, illogical and invalid because it  was not signed by the alleged testator as signature that appears therein is not described as that of the late Lulibedda.

“It was not attested to by at least two witnesses since the 14th respondent Yusus Ssebuliba Nsereko just wrote his name and another signature on every page is not described. The purported will was introduced by Sarah Kizza who is named therein as a widow and her biological sons and daughters getting a lion's share of the estate but it fails to state his date and year of birth of 1939,” Mabirizi told court.

He says that the purported will wrongly states his late father’s paternal lineage by including Mugerere and Lumaga who are within the paternal lineage of the Yusuf Ssebuliba Nsereko and not Mohamed Bazinduse Lulibedda Mutumba.

The lawyer says purported will has many loopholes since it doesn’t state executors of the will, refers to three rental units at Plot 1047 yet they are four, contradicts itself on ownership of the principal home, on one hand giving to Sirim Mabirizi but on the other hand stating that it will remain a family home where functions will be held.

“The purported will is overly vague in respect to the occupation, utilization, and ownership of property at Kamwokya. Unlike all other immovable properties which are well described, the purported will has no description whatsoever for the land at Kamwokya.”

Mabirizi says the purported will describes plot 1049 as measuring 0.050 decimals yet the land title indicates 0.509 hectares and that it also makes a weird division of Plot 1049 leaving purported 0.25 hectares unaccounted for and dividing purported 25 decimals into two of 8 and 8 leaving 7 decimals unaccounted for.

According to the lawyer, the purported will contains weird multiple signings on distribution of Plot 397 and the list of sons and daughters and weird alleged signings by the deceased.

“The purported list of sons excludes the applicant, a known lineal descendant of the deceased. The manner in which the signature attributed to the testator is made at the end of the document without indication that he was signing, without date and name negatives any effect of writing a will but it also contains a strange undescribed signature on each page,” Mabirizi says in his case.

The lawyer also questions the rationale behind the purported will concentrating only on distribution of land and immovable property and does not mention of immovable property, clothings, office furniture, company shares and other properties of the deceased.

He says everything around the will is suspicious since the 15th respondent, Ali Nsereko only came into contact with the deceased Mabirizi’s dad around around 2012 when he was elected 'Omukulu W'olunyiriri( head of lineage) and  hence could not have attested to the purported will.

“The 12 years' time-gap between the making of the purported will and the death raises questions as to validity of the purported will. The entire construction of the purported will negates any intention that it would be the deceased's will.”

According to Mabirizi, the actions of the respondents infringes upon, derogate and threaten his fundamental and inherent human rights to family, heritage, property, culture and other rights and freedoms guaranteed under chapter four of the constitution.

Mabirizi wants court to declare that his late dad died without leaving a valid will and that owing to the conduct, all the respondents be disqualified from being administrators or executors of his late dad's estate.

He also wants court to issue an order requiring the respondents to account for all revenues generated from the estate of his late dad since June 2021 until judgement.

 

 

 

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