Court orders fresh hearing of Mabirizi, siblings' DNA case

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The High Court in Mukono has directed that a case in which siblings to lawyer Male Mabirizi challenged an order by the magistrates court to have all of them undergo a DNA paternity test in order to ascertain whether they belong to the same father.

On the request of the lawyer, the Chief Magistrates Court in Mukono in June  ordered for a DNA test for Mabirizi and all his siblings .

The lawyer had cast doubt on the relationship between his purported siblings and his late dad and therefore 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.

Court granted the order.

Dissatisfied by the order for a DNA test, Mabirizi’s siblings challenged the same in the Mukono High Court.

On Thursday, Justice David Matovu ruled that there is need for fresh hearing of the case since service upon lawyers was not effective.

The judge said in his affidavit, Moses Solomon Male stated that the other six siblings and respondents were not resident in Uganda and blamed the Chief Magistrates Court for not ensuring they are served.

“As a result, court finds that all proceedings that followed the February, 13,2023 when the learned trial magistrate erroneously found that there was effective service of court process upon all respondents through their advocate are hereby declared null and void as such proceedings were conducted in the absence of six respondents who were never served with the notice of motion and affidavit in support in this case and these proceedings and subsequent ruling of  June, 5,2023 are hereby set aside,” the Mukono High Court said.

The judge therefore ordered that Mukono Chief Magistrates Court hears afresh the case but also ensure that all parties are effectively served with court process before proceeding with the hearing of the case.

Mabirizi appeals

However, Mabirizi has since indicated that he has appealed against the ruling by the Mukono High Court judge.

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