Court orders DNA test in family land dispute
In her ruling, Justice Nakiganda said the alleged biological relationship was relevant to the main suit because Nandutu’s claim to the land was partly based on her assertion that she was a descendant of Nakanyike.
The judge directed the Government Analytical Laboratory to determine the appropriate scientific method and samples required to establish whether the two women share the same biological mother.
KAMPALA - The High Court has ordered two women embroiled in a family land dispute to undergo DNA testing to establish whether they share the same biological mother.
Justice Ida Nakiganda directed the Government Analytical Laboratory in Wandegeya, Kampala, to conduct the test to determine whether Harriet Nandutu and Sarah Adeke are biological sisters.
The application arose from Civil Suit No. 779 of 2025, in which Nandutu is seeking an interest in land comprised in Kyadondo Block 229 Plot 2693 at Kamuli, claiming to be a beneficiary of the estate of the late Veria Nakanyike.
Nandutu told the court that she and Adeke were daughters of the late Eroni Namuyingo, who was also a daughter of Nakanyike. She said their alleged biological relationship was central to her claim to the family land.
Adeke also disputed the identity of the alleged common mother, stating that her mother was the late Hellen Namiyingo and that she did not know anyone called Eroni Namuyingo.
In her ruling, Justice Nakiganda said the alleged biological relationship was relevant to the main suit because Nandutu’s claim to the land was partly based on her assertion that she was a descendant of Nakanyike.
The judge noted that although Nandutu had not provided birth certificates, family records or affidavits from other relatives to support her claim, the absence of such documents was not, on its own, a legal bar to an application for DNA testing.
The laboratory is required to submit its findings to the court for use in determining the main civil suit.
Justice Nakiganda clarified that the order did not authorise the use of physical force to obtain a biological sample from Adeke, who had opposed the application.
The court also declined Adeke’s alternative request to exhume the remains of her late mother for DNA testing, saying the request had not been made through a properly constituted application.
The judge ordered that the costs of the application would abide by the outcome of the main suit.
Nandutu was represented by Ibrahim Katongole.