The High Court in Kabale, Uganda, has declared a man who disappeared over 40 years ago presumed dead. Justice Karoli Lwanga Ssemogerere made the declaration on September 29, 2026, in a case involving Izidoro Turwomwe, who reportedly vanished in or around 1983. The applicant, David Ngabirano Turwome, identified himself as the son of the missing man and filed the application to obtain a death certificate and administer his estate.
According to court records, Turwomwe was ordinarily resident in Rwagana-Kamatojo Cell, Mwanjari, Southern Division of Kabale Municipality, with his wife, the late Winfred Turwomwe, and their eight children. The family reported Turwomwe's disappearance to the police, but no reliable information about his whereabouts was obtained for over four decades. The applicant 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.
The respondents did not oppose the application for presumption of death, but one of the respondents, Sheila Karoma, indicated that she had no objection to the declaration but opposed the applicant being appointed manager of Turwomwe's estate. During a hearing on September 24, the parties consented to an order presuming Turwomwe dead, allowing them to pursue matters concerning his estate under the Succession Act.
Justice Ssemogerere stated that the applicable law was Section 47 of the Registration of Persons Act, which provides for a rebuttable presumption of death where a person has not been seen or heard from for seven years by people who would ordinarily have been expected to see or hear from them. The judge noted that evidence before the court established that Turwomwe had been missing since about 1983 and that none of the respondents had presented evidence challenging that account.
The judge clarified the distinction between legal mechanisms for dealing with missing persons and the formal declaration required for estate administration. He said the Estates of Missing Persons Management Act provides temporary mechanisms for managing the property and welfare of dependents of missing persons. However, a formal declaration of presumed death and the issuance of a death certificate fall under the Registration of Persons Act.
The court granted the application under Section 47(2) of the Registration of Persons Act. NIRA's Kabale office has been directed to receive the court order and issue a death certificate to the applicant and respondents. The certificate will then be transmitted to the Administrator General to commence an inquiry into the affairs of Turwomwe, who is now legally presumed dead.
The court made no order as to costs. The applicant was represented by Fiona Kiconco, while Felix Bakanyabonera held brief for the respondents' lawyer, Christopher Bumpenje. This ruling paves the way for Turwomwe's family to obtain a death certificate and begin proceedings to administer his estate, bringing closure to a decades-long ordeal.
Key points
- The High Court in Kabale declared Izidoro Turwomwe, who disappeared in 1983, presumed dead.
- The court applied Section 47 of the Registration of Persons Act to make the declaration.
- The ruling allows Turwomwe's family to obtain a death certificate and administer his estate.
