In a landmark ruling, Justice Allan Nshimye of the High Court in Mbarara has established clear guidelines for DNA paternity tests concerning the heirs of a deceased individual’s estate. The ruling mandates that before exhuming a deceased person's remains, DNA sibling tests should first be pursued to verify blood relations among potential beneficiaries.
The decision follows an application by Mr. Mpumwire Magambo, who sought paternity tests for all individuals claiming to be children of his late father, John Eric Magambo. This request as the Magambo family began preparations to distribute their patriarch's estate. Mr. Mpumwire, serving as the estate's administrator, claimed that his father had confided suspicions about certain individuals falsely posing as his children.
Amanda Magambo, Mr. Mpumwire's sister, filed a separate application suggesting that only four individuals be subjected to DNA testing, believing them to be unrelated to her father. In contrast, Mr. Mpumwire argued for testing all alleged children to ensure rightful distribution of the estate.
Justice Nshimye emphasized the necessity of DNA tests to determine the true heirs, stating that the estate should only be distributed to confirmed biological children. However, Amanda proposed using DNA sibling tests instead of exhuming their father's body and suggested that the estate cover the costs. Despite Mr. Mpumwire’s subsequent motion to amend his application to include DNA sibling tests, Justice Nshimye dismissed it due to procedural issues.
A critical aspect of Justice Nshimye’s ruling was the absence of any preserved DNA sample from Magambo, which would otherwise necessitate exhumation. Referencing the 2018 case of Walter Komakech vs. Dr. Christopher Okot, the judge highlighted that exhumation should only occur for compelling reasons, respecting the sanctity of a decently buried body.
The judge observed that although the beneficiaries were in conflict, there was no evidence that Magambo had ever disowned any of his children during his lifetime. Thus, he ruled that exhumation for DNA testing should be a last resort. Applicants must first exhaust all other options, including sibling kinship tests, and list all children in the application to ensure fair hearing and transparency.
Justice Nshimye pointed out that Mr. Mpumwire listed 22 children in his affidavit but named only Amanda as a respondent. He stressed the importance of including all potential heirs in such legal proceedings to prevent any collusion or unfair outcomes.
The judge elaborated on the scientific basis for sibling kinship tests, explaining that male children share the Y chromosome from a common father, while female children share a significant X chromosome. These tests could confirm sibling relationships without the need for exhumation.
In conclusion, Justice Nshimye dismissed Mr. Mpumwire’s application, advocating for sibling DNA tests as a primary measure before considering exhumation, thus safeguarding the deceased’s remains and ensuring equitable distribution of the estate.
