The High Court in Kabale has declared a man who disappeared more than 40 years ago legally presumed dead, clearing the way for his family to obtain a death certificate and begin proceedings to administer his estate.
Izidoro Turwomwe was declared dead by Justice Karoli Lwanga Ssemogerere following an application filed by his relatives indicating that ihe has been missing since 1983.
The application was filed by David Ngabirano Turwome, who identified himself as Turwomwe’s son.
He told the court that his father was ordinarily resident in Rwagana-Kamatojo Cell, Mwanjari, Southern Division of Kabale Municipality, where he lived with his wife, the late Winfred Turwomwe, and their eight children.
Court records indicate that the family reported Turwomwe’s disappearance to police, but no reliable information about his whereabouts was obtained for more than four decades.
Ngabirano asked the court to formally presume his father dead and direct the National Identification and Registration Authority (NIRA) to register the death and issue a death certificate.
In his ruling, Justice Ssemogerere said evidence before the court established that Turwomwe had been missing since about 1983 and that no evidence was brought challenging that account.
Justice Ssemogerere also distinguished between the legal framework for managing the affairs of missing persons and the formal declaration of death required for estate administration.
Court ordered NIRA office in Kabale to receive the court order and issue a death certificate to the relatives of Turwomwe which they subsequently transmit to the Administrator General to commence an inquiry into the affairs of Turwomwe, who is now legally presumed dead.
