Justice Celia Nagawa of the Family Division of the High Court has directed the exhumation the body of Benon Kigambo Tumwesigye to secure his body piece to by used in conducting a DNA test on the children who are fighting over his multibillion estate.
The decision resulted from an application filed by Doreen Maria Tumwesigye seeking for a DNA test of all the twenty-six children claiming to be children of the deceased who died on 14th June 2022.
Through her evidence affidavit, Tumwesigye the official widow told Court that during the deceased’s lifetime, he doubted some children who were claiming that he was their father and expressly disclosed to her and she accepted his explanation since they were born out of wedlock by different women.
“That it is in the interest of justice for the Applicant’s application to be granted before the distribution of the estate of the deceased to wrong people,” she told court.
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However, Winfred Ssewava Karungi who swore evidence affidavit on behalf of the questionable children who include: Ronald Niwagaba, Gilbert Mwesigwa, Troy Trevor Tumwesigye, Shivan Quin Tumwesigye, Brolynn Murindwa, Brooke Murungi Tumwesigye, Tyrone Tumwesigye, Tyra Tumwesigye, Rodney Tumwesigye, Nelia Tumwesigye, Nicholas Asiimwe, Henry Mwesigye, Sky Nyanjura, Gerald Arinaitwe, Hillary Tumwesigye, Gemini Komugisha, Immy Muhumuza, Glades Tumuhairwe, Benjamin Tumwesigye, Gloria Tukahirwa, Kenneth Muhairwe, Cynthia Tumwesigye, Conrad Tumwesigye, Chelse Tumwesigye and Collin Tumwesigye pleaded to Court not to allow the said application insisting that allowing it was going to deepen the divisionism in their family.
The judge declined to accept the respondent’s evidence noting that before the deceased officially got married to the applicant, he first carried out a customary marriage with a one Theresa Tumukunde in 1982 in Rwahendera, Iterero, Bwongyera in Ntungamo district in the presence of a number of witnesses including the Late James Bigambo, Rev. Stephen Besigye, the Late Matayo Rwakanengyere, and Mathias Igusha Rwakanengyere but noted that the respondents failed to bring to Court touchable evidence to prove their allegation.
She further promised to handle the issue of divorce which the children presented to Court to prove that by the time of the deceased’s death, the applicant had abandoned him and he was staying in United States after a successful divorce.
Even though the applicants wanted the DNA to be done through a sibling kinship, the judge directed that the deceased’s body be exhumed and specimen be got from his body be used during the DNA test.
“Accordingly, and in order to achieve a final, just, and effective determination of the issue of parentage for purposes of the proper administration and distribution of the estate, I find it appropriate to order that the remains of the deceased be exhumed and a DNA paternity examination be conducted,” the judge stated.
She directed that DNA test should be conducted on all the Respondents at the Directorate of Government Analytical Laboratory, Wandegeya and the results be submitted to Court within one month from the date the ruling was delivered.
She noted that the children claiming to be fathered by Tumwesigye together with their biological mothers should attend the DNA test within four calendar days from the date that the ruling was delivered so as to provide their respective samples for DNA testing.
“Any adult Respondent who willfully fails to present themselves for testing, without reasonable cause shown to this Court, shall have their claim to a share of the estate stayed pending compliance,” the judge stated.
She directed the Government Pathologist and Government Analytical Laboratory to proceed with the exhumation of the deceased’s body and conduct a DNA test forthwith.
She also directed that the costs of conducting the DNA test shall be borne by the estate of the deceased, ordering the interim administrator the Administrator General to make the necessary funds available upon receipt of a cost estimate from the designated laboratory.
The judge directed that no distribution of the estate of the deceased whether partial or final shall be made by the Administrator General until the DNA test results have been received and considered by the Court.
