The High Court has slammed the door on controversial lawyer Male Mabirizi’s challenge to the will of the late Mohamed Bazinduse Lulibedda Mutumba, calling his application a legal mess.
Mabirizi sued a group of five respondents, including Kizza and others, challenging the validity of the will of the late father Mutumba.
Mabirizi claimed that the will was a forgery and illegally excluded him as the biological son of the deceased. He argued that the will was poorly attested, contained contradictions, and was written with the intention of leaving him out.
Mabirizi sought to have the will invalidated, accusing the respondents of interfering with the estate without proper legal documentation. He also wanted the estate dealings to be examined.
However, the court dismissed his application, ruling that his claims were not supported by adequate evidence and were procedurally flawed.
The defense shot down Mabirizi’s claims, saying serious matters like forgery and the will’s validity need hard evidence like forensic tests and DNA, not just affidavits. They pointed out that Mabirizi was trying to shortcut the legal process.
Justice Keitirima agreed with the defense, explaining that such matters require proper trials, not quick decisions. The court also reminded everyone that meddling with an estate is a criminal offense under the law, calling for investigations and trials.
In the January 10 ruling, the court further observed that contentious estate matters cannot be resolved summarily or under the Human Rights Enforcement Act. And intermeddling with an estate is a criminal offense under Section 268 of the Succession Act, requiring proper investigation and trial.
The court concluded that Mabirizi’s application was procedurally improper, dismissing it with costs awarded to the respondents.
