The High Court in Kabale has declared a man who disappeared more than 40 years ago presumed dead, paving the way for his family to obtain a death certificate and begin proceedings to administer his estate. Justice Karoli Lwanga Ssemogerere made the declaration on September 29, 2026, in a case involving Izidoro Turwomwe, who reportedly disappeared in or about 1983 and has never been seen or heard from since.
The application was filed by David Ngabirano Turwome, who identified himself as the son of the missing man. Ngabirano 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.
According to court records, the family reported Turwomwe’s disappearance to police, but no reliable information about his whereabouts was obtained for more than 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. However, one of the respondents, Sheila Karoma, indicated that although she had no objection to the declaration, she 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.
In his ruling, Justice Ssemogerere said 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 court established that Turwomwe had been missing since about 1983 and that none of the respondents had presented evidence challenging that account.
Justice Ssemogerere also 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 dependants 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 therefore 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-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
