The Magistrates Court disregarded Mabirizi's request to have the body exhumed, arguing that a DNA test could be conducted using one of his siblings.
In this cross-appeal, Mabirizi alleges that he reached the wrong conclusions because of numerous errors in the law and the facts.
"The learned trial magistrate judge erred in law and fact by not entering a default judgement or judgement on admission against all the Appellants. The learned Trial Magistrate Judge erred in law and fact in not ordering the exhumation of the late Mohamed Bazinduse Lulibedda Mutumba so that part of his skeleton is used as the basis for the determination of paternity of his presumed children," he argued.
Mabirizi further stated that the judge made a legal and factual error by refusing to grant the respondent general, aggravated, and exemplary damages.
Mabirizi requested that the court grant his cross-appeal and issue an order for the exhumation of the late Bazinduse so that a portion of his skeleton may be used as the foundation for establishing the paternity of his putative children. This request was made in light of the aforementioned context.
Additionally, he has requested that the cross-appeal costs be paid to him.
The Family Appeal
In a similar vein, Mabirizi's family members, under the leadership of Pastor Solomon Male, filed an appeal against the Magistrates Court's decision for a number of reasons.
The family members testified in court that the trial judge's decision to order a DNA connection test was legally and factually incorrect since it violated the appellants' rights to privacy and freedom of conscience.
They also claim that the DNA test between the respondent and the children of Mohamed Bazinduse Lulibedda Mutumba was ordered by the learned trial magistrate in complete disregard of the fact that his last will and testament excluded him as a child and estate beneficiary, which resulted in a miscarriage of justice.