The High Court in Mukono, Uganda, has ordered a fresh hearing in the legal battle involving city lawyer Hassan Male Mabirizi and his alleged siblings concerning a Deoxyribonucleic Acid (DNA) test. The dispute began when the Mukono grade one magistrate, Paul Matyama, directed Mabirizi and his alleged siblings to undergo DNA tests to determine their paternity.
However, this decision has now been overturned, with the High Court mandating a fresh hearing of the case. The court noted that six of the respondents in the case were never properly served with a notice of motion, as required by law, before the magistrate’s initial ruling.
Judge David Matovu ruled that the magistrate had erred in condemning the six respondents to a DNA paternity test without hearing their side. All proceedings following the erroneous decision were declared null and void, and the initial ruling was set aside. The case will now be reheard, ensuring all parties are properly served with court process before proceeding.
The legal battle revolves around the alleged father’s will, which Mabirizi claims is a forgery. The case aims to determine Mabirizi’s paternity through DNA tests. The ongoing dispute raises complex questions about the validity of wills and the rights of individuals to seek verification of their lineage.
Hassan Male Mabirizi expressed his intention to appeal the decision. This case demonstrates the intricate legal processes involved in establishing paternity and resolving disputes over inheritance and familial relationships.