Lawyer Hassan Male Mabirizi has lost a case before the Family Division of the High Court in Kampala in which he wanted it to nullify the will by his late dad, Mohamed Bazinduse Lulibedda that he said was doctored by his siblings and father’s mistress for their own personal benefit.
In the will, he was disowned by his purported dad.
However, the Family Division’s Justice John Eudes Keitirima threw out Mabirizi’s application saying it is defective.
“The applicant is challenging the validity of a will and claims that it was forged. An application of this nature cannot prove the allegation of forgery to the required standard. There may be need of forensic evidence by a handwriting expert especially where there is a serious contention as to the authenticity of the will. In my view affidavit evidence may not be sufficient to prove this serious allegation,” the judge said.
Judge Keitirima said whereas Mabirizi also challenged grounds and circumstances under which he was never mentioned as Lulibedda’s son
“ In such case it may require scientific proof to establish that fact. I agree with the respondents’ submissions that such cases are not the ones envisaged in an application of this nature. There may be need for a DNA test to establish the paternity of the applicant.”
The judge said it is imperative for Mabirizi to prove whether he is actually a beneficiary of the said estate now that his alleged siblings and late dad’s mistress are contesting that allegation.
The judge also said the controversial lawyer ought to have made the application under the Succession Act (as amended) as it involves proof of paternity of the applicant, the validity of the will the applicant contests and the capacity of the respondents to be appointed as administrators of the estate of the said deceased.
The court consequently dismissed Mabirizi’s application with costs to his alleged siblings and late dad’s mistress.
