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Court Dismisses Paternity Challenge by Siblings

The children; Edmond Tumushabe, Mercy Tayebwa and Eseza Musekura filed an application before High Court on December 16 2013, seeking a permanent injunction against Fortunate Kyampa, Marion Tumuhimbise and Jacob Akampurira, from claiming interest in the estates of the late Museruka until DNA tests are conducted to confirm whether the deceased was their biological father.
The High Court in Kabale has dismissed a case in which three children of Canon Godfrey Musekura, the former Chairman of Uganda People's Congress-UPC in the district, rejected their siblings.

The children; Edmond Tumushabe, Mercy Tayebwa and Eseza Musekura filed an application before High Court on December 16 2013, seeking a permanent injunction against Fortunate Kyampa, Marion Tumuhimbise and Jacob Akampurira, from claiming interest in the estates of the late Museruka until DNA tests are conducted to confirm whether the deceased was their biological father.

Canon Musekura a resident of Kibuga in Rubaya Sub County, Kabale district died of kidney failure in March 2011. He was aged 80.

But the feud among his children started on March 15, 2013, when Tumushabe, Tayebwa and Eseza Musekura applied for letters of administration of the deceased's estates in Rubaya and kabala town. The estate is valued at 450 million Shillings.

This forced Akampurira, Kyampa and Tumuhimbise to lodge a caveat on grounds that they were equally had rights on the estate as biological children of the deceased. The process triggered a DNA battle led by the three other siblings, challenging their paternity.

The Kabale High Court Judge Moses Kawumi Kazibwe has ruled in favor of the accused saying that it is not the responsibility of the plaintiffs to determine the deceased's children. Kazibwe also said that the plaintiffs never demanded DNA from the deceased.

Justice Kazibwe also ordered that the letters of administration that had been applied by Tumushabe, Tayebwa and Eseza Musekura where Akampurira, Kyampa and Tumuhimbise were excluded be nullified and a fresh process be undertaken to include all the deceased's children.

Kyampa, one of the children welcomed the court decision, but Tumushabe told our reporter after he is not satisfied with the court ruling and promised to appeal. 

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