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The Court of Appeal has ordered Deoxyribonucleic Acid (DNA) testing in a paternity dispute involving the estate of the late Max Choudry Lokwang, a former MP and Ugandan Cabinet minister who passed away in Nairobi, Kenya, in 1988.
The widow, Joyce Choudry Loumo, is contesting Henry Bitature Musinguzi and Margret Sanyu’s claims that they are the biological children of the late Lokwang.
The Court of Appeal (COA) has also ordered (DNA) testing in a case in which the widow of Max Choudry Lokwang, a former Ugandan Cabinet Minister, who died in exile in Nairobi, Kenya, is contesting the paternity of those who claim to be the husband’s siblings.
In a ruling delivered on August 29, Justice Jesse Rugyema Byaruhanga directed that DNA tests be conducted among the alleged children and relatives of the deceased to establish paternity claims.
“The balance of convenience tilts more to the respondents who will suffer more if their paternity is not ascertained and they remain without a hint of their roots as they watch the estate of the late Max Lokwang go to waste without them getting any single coin from it as beneficiaries,” Byaruhanga ruled.
The respondents in the matter: Henry Bitature Musinguzi and Margret Sanyu, who claim to be the biological children of the late Lokwang, are challenging the legitimacy of Joyce Choudry Loumo, who was granted Letters of Administration to manage the deceased’s estate in 1989.
According to the judge, the paternity test is for the benefit of both parties. Lokwang's remains were buried in Kaabong district.
Court documents indicate that Loumo, who is contesting the paternity of the respondents, has been in charge of the estate for 37 years. The court, however, stated that this can be settled by the DNA test that was ordered by the trial judge.
The judge said once the DNA test is concluded, not only would it help in the determination of the pending consolidated suit, but the ascertained rightful beneficiaries will also benefit from what rightfully belongs to them from the estate of the deceased.
He, however, said that if the test is negative, the present appeal would also be rendered unnecessary.
The judge observed that the pain of the respondents’ lack of belonging and identity, living in dire need, watching their “father's” estate being put to waste by aliens, outweighs the concerns of the applicant, Loumo.
The respondents claim that the estate of the late Lokwang is being run by Dr Robert Lim Lim, who is putting it to waste.
The judge said there are no time limitations for an adult seeking paternity in Uganda.
“It is not unusual for old men to be found tracing their roots and clans, not only for material estates but for a sense of belonging and identity,” Byaruhanga said.