Controversial city pastor Solomon Moses Male of the Arising For Christ Church shed tears after Justice Margaret Mutonyi of the Family Division of the High Court instructed that he should be subjected to a DNA test to solve the ongoing family fight against incarcerated lawyer Male Mabirizi Kiwanuka.
In her guidance, the judge stated that there is no way the ongoing legal fight will be solved without the scientific findings to establish whether Mabirizi is a young brother to pastor Male or even a son to late Muhamed Bazinduse Lulibedda Mutumba.
Pastor Male and other beneficiaries of the estate of the late Mutumba rushed to the High Court challenging the orders and directives of Mukono Grade One Magistrate Paul Mutyaba to subject all Mutumba’s children to a DNA test to establish the rightful beneficiaries.
In his ruling, Mutyaba stated that it is important to establish the relationship of all children presumed to be of the late through a DNA relationship test which will establish the degree of relationship between all the children.
“For the above reasons therefore, a DNA relationship test shall be conducted on all those presumed to be children of the late Mohamed Bazinduse Lulibedda Mutumba at the expense of the estate,” the magistrate stated.
The ruling resulted from an application in which Mabirizi sued his siblings led by pastor Male, Sirim Mabirizi Mutumba, Muhamed Mutumba Junior, Faisial Sebatindira Mutumba, Shafik Nsereko Mutumba, Sarah Namala Mutumba, Rehema Nababi Mutumba, Farida Nambalirwa Mutumba Shameem Mutumba and Sophie Nassozi Mutumba accusing them of fraudulently forging documents to deny him the right to have a family.
In his application, Mabirizi accused his siblings of fraudulently forging his father’s will thus omitting his name from the list of the names of the children alleged to have been left behind by the deceased.
Mabirizi prayed to court to issue a court order to exhume the remains of their father for use to subject all the children to a DNA test.
Mabirizi insisted that the reason why he is insisting on exhuming his father’s remains is because there is no proof that the other children are the late Mutumba’s biological children thus carrying out the test will erase all doubt.
However, in his affidavit evidence, pastor Male protested Mabirizi’s application insisting that their father died of Covid-19 and it is very dangerous to exhume his body to be subjected to DNA test.
He added that the estate doesn’t have money to facilitate the DNA test that is why he wanted court to direct Mabirizi to deposit Shs10,000,000,000 (10 billion shillings) to help in the process.
Mutyaba declined to allow the exhumation of the deceased but ordered that DNA be done using the children he left behind.
Pastor Male also challenged the orders of Mengo Grade one magistrate Joanita Muwanika who declared that Mutumba’s last funeral was illegally done.
In his appeal, pastor Male insisted that Mabirizi is not his brother adding that his father told him before his death that he was just helping him, which Mabirizi protested.
Mabirizi insisted that pastor Male was the mastermind behind the forging of his father’s will with the aim of grabbing his big estate in Kampala and the surrounding areas.
Pastor Male further challenged the orders of the Court allowing Mabirizi to access his father’s estate insisting that he is not a beneficiary.
Justice Mutonyi guided all parties that the only option they have is to go for a DNA noting that the ongoing accumulation of law suits is not going to help them.
Mabirizi’s lawyers led by Nasser Kibazo of Kibazo Associates welcomed the guidance noting that their client is ready for a DNA test.
Pastor Male first put up a fight insisting that he cannot allow his siblings to go for a DNA with a stranger, but his lawyer Gabriel Byamugisha told him that it is the only option.
They entered a consent judgement where pastor Male accepted to carry out the DNA test with Mabirizi also accepting to withdraw all the criminal charges he slapped on his siblings and his step mothers.
They are set to report their consent judgement to the judge on Friday so that they are given authorisation.
Mutumba was a city businessman dealing in real estate and he left behind a multibillion estate with properties in Kampala city, Mukono, Mpigi and Kayunga.
