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Pastor Male, siblings floor lawyer Mabirizi in family property case

Male Mabirizi and Pastor Solomon Male
Male Mabirizi and Pastor Solomon Male

Ugandan lawyer Hassan Male Mabirizi has suffered a legal setback after the High Court dismissed his challenge against a purported will of his late father, Mohamed Bazinduse Lulibedda Mutumba. 

The case, in which Mabirizi sought to invalidate the will and remove his siblings led by Pastor Solomon Male from administering the estate, was dismissed on procedural grounds by Justice John Eudes Keitirima of the High Court Family Division.

Mabirizi argued that the 15th June 2009 will presented by his father’s mistress was fraudulent and invalid, as it did not mention him as a beneficiary. 

He alleged forgery, lack of proper attestation, and inconsistencies in the document, claiming that it was designed to exclude him from his father’s estate.

However, the High Court ruled that allegations of forgery require forensic and oral evidence, including handwriting analysis and testimony from expert witnesses—evidence that could not be established through affidavit evidence alone. 

Justice Keitirima noted that such claims should be handled under the Succession Act, requiring a full trial rather than a procedural application.

Additionally, the judge pointed out that the question of whether Mabirizi was truly a biological son of the deceased could only be determined through scientific proof, such as a DNA test. 

With his siblings contesting his claim, the court found that his application did not meet the legal standard to proceed.

Intermeddling Claims Rejected as Criminal Allegations

Mabirizi also accused his siblings of intermeddling with the estate by distributing assets and collecting revenue before obtaining the proper letters of administration. 

However, the court ruled that intermeddling is a criminal offence under Section 268 of the Succession Act, which requires police investigations and a formal trial, rather than a civil application.

Justice Keitirima cited legal precedent, stating that a conviction for intermeddling must be secured in a criminal court before any penalties could be imposed. 

The judge dismissed Mabirizi’s request for an injunction against his siblings, ruling that his claims required further investigation and legal proceedings beyond the scope of the current case.

DNA Test Battle in Lower Court

Prior to the High Court ruling, Mabirizi had successfully petitioned the Chief Magistrates Court in Mukono in October 2023, which ordered a DNA test to determine whether he was truly the son of the deceased. 

The lawyer had even requested a court order for exhumation of his father’s remains for paternity verification, arguing that his siblings had no biological connection to the deceased.

However, his siblings challenged this decision, filing an appeal before the High Court in Mukono, arguing that the DNA order violated their privacy and personal rights. 

The siblings insisted that the late Mohamed Mutumba’s will had excluded Mabirizi, and they rejected the idea of undergoing DNA testing against their will.

They further contested the trial magistrate’s decision to have the estate cover the cost of the DNA tests, arguing that the lower court’s ruling had overstepped its jurisdiction. Their appeal sought to set aside the order for DNA testing, arguing that no family wrangles existed that required such drastic measures.

Court Dismisses Case, Awards Costs to Respondents

In the final ruling, Justice Keitirima dismissed Mabirizi’s application on procedural grounds, ruling that the case did not fall under the Human Rights Enforcement Act, 2019, as Mabirizi had claimed. 

The judge clarified that the application did not conform to legal requirements for succession disputes and should have been filed under the appropriate legal framework.

The court further ordered Mabirizi to pay the legal costs incurred by his siblings. 

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