Qh School :
*OPINION & LEGAL ANALYSIS: THE TOORO SUCCESSION DILEMMA - WILL vs CUSTOM AND THE CASE FOR A PEACEFUL INJUNCTION*
*By Rev. Atuhaire Moses, Peacebuilding Analyst*
Date: 9th September 2026
Tooro is mourning. Following the passing of His Majesty Oyo, two narratives have emerged that risk dividing the Kingdom. The Will dated 14th September 2022 provides four orders of succession. Order One is Oyo's son, Order Two is Komwiswa, Order Three is Nyaika, and Order Four is Omusuuga Kamurasi. On 9th September 2026, the Babiito Committee of 21 members, chaired by Omusuuga who is himself beneficiary Number Two to Four in that same Will, elected Prince Edward Kijanangoma aged 36, who is not named in Oyo's Will. The Babiito side argues that Order Number One was never presented per custom, while the Queen Mother side argues they were never given a neutral forum to present him. If the son existed in September 2022, he is today five years and above, a minor requiring regency. History is clear, Oyo himself became King at age three.
This is not about supporting Kijanangoma or Oyo's son. This is about process and conflict of interest. Under natural justice, Nemo Judex in Causa Sua, no one should be judge in his own cause. A committee chaired by a beneficiary of the Will deciding to set aside Order Number One raises a serious question of conflict of interest that only a neutral court or neutral Babiito verification panel can cure. There is also a clash between written Will and customary verification. The Institution of Traditional or Cultural Leaders Act recognizes custom, but custom must be fairly applied. If Order Number One was never received, was it because he does not exist, or because there was no neutral forum to receive him.
In my opinion, the lawful and peaceful tool available is an Interim Temporary Injunction under Order 41 of the Civil Procedure Rules and Section 98 of the Civil Procedure Act. If I were advising the legal team, I would frame it thus. The appropriate court would be the High Court of Uganda, Fort Portal Circuit or Family Division in Kampala. The applicants would be Queen Mother Best Kemigisa as custodian of Order Number One together with the next friend
2026-09-10 19:16:01