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Citation
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Judgment date
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| December 2010 |
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Appeal dismissed: alleged sale unproven; appellant was a mortgagee, not purchaser, and sale agreement found unauthentic.
Land law – disputed sale versus mortgage/hire – authenticity of written agreement (thumbprint) – credibility of witnesses – equity of redemption of mortgagor unaffected by long possession – locus in quo visit not prejudicial when unnecessary.
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22 December 2010 |
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21 December 2010 |
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High Court declined revision of LC I judgment but found Chief Magistrate exceeded jurisdiction by executing a below-threshold decree.
Judicature and supervisory jurisdiction; High Court revision under ss.83 and 98 CPA over Local Council Courts; limits on Chief Magistrate’s execution powers (S.10(3) LCC Act; Regulation 58(3)); revision vs appeal; jurisdictional error vs factual/legal errors.
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20 December 2010 |
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A beneficiary or customary heir may sue to protect an intestate estate without first obtaining letters of administration.
* Succession law – locus standi of beneficiaries and customary heirs to sue without prior letters of administration; * Succession Act ss.191–192 – effect of letters of administration granted after protective acts; * Customary law – necessity to probe pleaded customary heirship (Bagwere custom) and its conformity with law; * Civil procedure – preliminary objection on locus standi and costs pending retrial.
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20 December 2010 |
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A caveat failing to identify the specific part claimed is defective and may be removed, though occupation-based interests may be preserved.
Land law - Caveats on registered titles; defective caveat where part of parcel not specified; Registration of Titles Act - caveat must indicate part claimed; removal and conditional reinstatement of caveat; lack of proof for damages and costs.
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19 December 2010 |
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16 December 2010 |
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16 December 2010 |
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Objector's application to release alleged matrimonial plot from attachment dismissed where that plot was distinct, mortgaged to a third party, and the attached plot already sold.
Civil Procedure – Objector proceedings (Order 22 rules 55–57) – scope limited to possession and nature of interest – not final determination of title; Matrimonial property – spousal consent to mortgage; Attachment and sale – distinction between adjacent plots; Survey/valuation error and third‑party mortgagee; Foreclosure and sale of attached plot.
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16 December 2010 |
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A court upheld the capacity of a company to sue, declined to strike out pleadings as frivolous, and dismissed the application with costs.
Civil Procedure – Striking out pleadings – Corporate personality – Capacity to sue – Cause of action – Frivolous and vexatious pleadings – Validity of affidavits – Whether change of name affects a company’s legal status or capacity to sue – Res judicata on facts admitted during scheduling conference.
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13 December 2010 |
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The trial was nullified due to a defective charge sheet, and the appeal was dismissed without ordering a retrial.
Criminal Law - Obtaining registration by false pretence - Defective charge sheet - Prejudice to accused - Lack of evidence for fraud.
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9 December 2010 |
Criminal Procedure—fair trial—judicial misconduct—absence of prosecutor and defense counsel—violation of Article 28(1) & (3) Constitution—court assuming role of prosecutor—cancellation of bail—extraneous matters—procedural irregularities—miscarriage of justice—failure to permit cross-examination—improper admission of medical evidence—conviction quashed—appeal allowed
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8 December 2010 |
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Court appointed Administrator General pendente lite and ordered DNA tests to resolve disputed paternity in an estate-administration dispute.
Succession — Letters of Administration — Administrator pendente lite — Section 218 Succession Act — appointment to preserve estate pending revocation proceedings; Succession — alleged maladministration and post-grant transfers — admissibility of certified title and bank records; Civil procedure — case management and adjournments; Evidence — competence to tender documents (sketches/maps); Family law/succession — disputed paternity — court-ordered DNA profiling and sampling of non-party individuals.
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1 December 2010 |
| November 2010 |
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Whether robbery elements, identification and parade irregularities were sufficiently proved to convict and warrant life imprisonment.
Criminal law – Robbery – Elements: theft, use or threat of deadly weapon, participation; Identification evidence – difficulties of nighttime identification and need for caution; Identification parade – procedural irregularities may vitiate corroborative value; Circumstantial evidence – corroboration of identification through informer, arrests and recovery of stolen property; Sentencing – life imprisonment for serious robbery with assault and weapon threat.
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29 November 2010 |
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Whether circumstantial evidence and the accused’s post-offence conduct proved murder beyond reasonable doubt.
Criminal law – Murder – Circumstantial evidence – admissibility of deceased’s statements under s.30(a) Evidence Act – treatment of inconsistent witness statements – inference of malice from lethal weapon, head wound and accused’s post-offence conduct.
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28 November 2010 |
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The court ruled in favor of the plaintiff as a bona fide purchaser in a land ownership dispute.
Land law - Bona fide purchaser - Land ownership dispute - Lease cancellation - Fraudulent sale by third party.
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26 November 2010 |
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The court upheld the plaintiff's bona fide acquisition of land and restrained the defendant's interference.
Land Law – proprietorship of land – determination of bona fide purchase – interference with land ownership
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26 November 2010 |
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Applicant’s challenge succeeded: party primary nullified for widespread electoral irregularities; fresh elections ordered.
Election law – party primaries – applicability of free-and-fair election principles to party primaries; elevated standard of proof in electoral challenges; irregularities: night voting, ballot stuffing, missing/unsigned DRFs, faulty voter registers, improper dispatch/retrieval of materials, unauthorized improvised ballots, interference with electronic tallying by security official; remedy: nullification, fresh elections, general damages.
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23 November 2010 |
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Court appointed foreign applicants as legal guardians of an abandoned infant and permitted the child’s immigration to the USA with supervisory reporting.
* Family law – Guardianship – Appointment of foreign resident applicants as legal guardians of an abandoned infant; best interests of the child principle. * Evidence – Home study, background checks and financial capacity as factors in suitability for guardianship. * Children Act/Judicature Act/Civil Procedure Act – statutory basis for guardianship and conditions attached thereto. * Cross-border relocation – court authority to permit immigration of a ward for welfare reasons.
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22 November 2010 |
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Court appointed foreign applicants as legal guardians and allowed the infant’s immigration to the USA as being in the child’s best interests.
Child law – Guardianship – Appointment of foreign guardians – Best interests of the child; Abandonment and failure to trace parents; Permission for child’s immigration; Home-study and fitness assessment; Post-appointment reporting and supervision.
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17 November 2010 |
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Court appointed foreign applicants as legal guardians and authorised travel abroad, finding it in the child’s best interests.
Guardianship – appointment of legal guardians under Children’s Act – best interests of the child; parental consent; international guardianship and travel; court supervision via periodic welfare reports; costs award.
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11 November 2010 |
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The accused convicted for receiving a bribe to secure bail but acquitted on solicitation and unrelated payment.
* Anti-Corruption Act – solicitation and receipt of gratification – necessity to prove nexus between payment and official act (granting bail).
* Evidence – oral testimony and corroboration may suffice in absence of exhibits if credible and consistent.
* Proof beyond reasonable doubt – receipt of money alone is insufficient without clear link to corrupt inducement; prior personal dealings may raise reasonable doubt.
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11 November 2010 |
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Accused convicted of embezzling donor funds and uttering forged accountability documents after failing to account.
* Anti‑corruption — Embezzlement of donor funds by NGO official — Access and failure to account. * Criminal law — Uttering false documents — Forensic document examination and institutional denial as proof of falsity. * Evidence — Questioned documents expert and Auditor’s absence of supporting records. * Defence — Unsigned/unsworn explanation and blame on subordinates insufficient to raise reasonable doubt.
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11 November 2010 |
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Taxation partly set aside: instruction fee upheld, some disbursements and duplicate advocate costs reduced, Commission entitled to costs.
Advocates' taxation – instruction fees – Premchand/Simpson Motor Sales approach; discretion of Taxing Master on disbursements and receipts; rule 41(1) certificate requirement for multiple advocates; recoverability of costs by statutory body despite Consolidated Fund provisions; travel time disallowed under Sixth Schedule.
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10 November 2010 |
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First accused convicted on recent-possession evidence for violent aggravated robbery; second acquitted for lack of proof.
* Criminal law – Aggravated robbery – Elements: theft, accompanying violence, use of deadly weapon; need for proof beyond reasonable doubt.
* Evidence – Visual identification – Caution required where earlier statements contradict in-court identification.
* Evidence – Recent possession – Presumption arising where stolen goods are found in accused's possession unless innocent explanation given.
* Sentencing – Deterrent sentence for violent gang robbery; remand period considered.
* Remedies – Compensation for injuries; return of identity document to acquitted person.
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9 November 2010 |
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Recent-possession evidence proved aggravated robbery against one accused; identification evidence was unsafe for another, who was acquitted.
Criminal law – Aggravated robbery – elements: theft, violence, deadly weapon, participation; Visual identification – reliability and safety of identification evidence; Doctrine of recent possession – circumstantial evidence linking accused to stolen goods; Alibi – burden remains on prosecution to disprove; Sentencing – deterrence balanced with mitigating factors.
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9 November 2010 |
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Child’s consistent testimony and father's corroboration sufficed to prove defilement despite absent medical exhibit.
* Criminal law – Defilement (s.129(1) Penal Code) – proof beyond reasonable doubt – child complainant’s testimony and parental corroboration sufficient despite medical report not admitted.
* Evidence – credibility of young witness – corroboration by conduct and complainant’s immediate report.
* Sentencing – juvenile offender, time on remand and rehabilitation potential relevant to mitigation.
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9 November 2010 |
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The accused was convicted of rape after the court found intercourse, lack of consent, and identity proved beyond reasonable doubt.
Criminal law – Rape – Proof of penetration and lack of consent; Identification – victim’s evidence and contemporaneous report; Medical evidence as corroboration; Corroboration not mandatory in sexual offences.
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8 November 2010 |
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Minister’s appointments to Wildlife Authority Board violated statutory selection criteria; unlawful dismissal remedied by damages and injunctive relief.
Administrative law – judicial review – time limits and extension in public interest; Statutory interpretation – mandatory composition and qualifications for Board appointments under Uganda Wildlife Act (SI No.26 of 2006); Natural justice – right to fair hearing in termination of public employment; Ultra vires appointment – invalidation of individuals’ capacity to act where statutory criteria ignored; Remedies – mandamus, injunction, declaration, damages and costs.
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4 November 2010 |
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Court reduced an excessive taxed instruction fee in an election petition and allowed the bill at shs. 30,661,500 with costs on the respondent.
Taxation of costs – election petitions – instruction/brief fees – preparatory items to be included in instruction fees – court may interfere where award is manifestly excessive – need for evidence of disbursements (telephone/photocopying) – application of Premchand/Simpson principles.
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3 November 2010 |
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Court dismissed defamation suit, finding publications not defamatory and defendants justified reporting a genuine complaint.
Defamation – truth and fair comment – burden of proof on defendant to justify published words; public figure standard; credibility of witnesses; requirement of proof of reputational harm; Sim v Stretch test applied.
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2 November 2010 |
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Consent judgment barred reopening of pension claim; judicial review/mandamus were improper and application dismissed with costs.
Administrative law – Judicial review and mandamus – requirement of a definite decision, clear legal right, demand and refusal, and prompt application; Civil procedure – consent judgment – binding compromise and res judicata; limitation – promptness/three-month rule under Judicial Review Rules.
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2 November 2010 |
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Adoption of abandoned four-year-old granted where applicants met statutory age requirements and welfare favored placement.
Children Act – Adoption – statutory age and eligibility requirements (s.45(1)(a)) – abandoned child – welfare of the child paramount (s.3 and First Schedule para 1(b)) – probation officer recommendation – foster care – registration with URSB – annual welfare reporting to Registrar Family Division.
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1 November 2010 |
| October 2010 |
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Court appointed foreign prospective parents as legal guardians, permitting travel and future US adoption subject to registration and reporting.
Children Law – Guardianship – Best interests and welfare paramount – Court may appoint foreign prospective adoptive parents as legal guardians; conditions for registration, travel, passport and periodic welfare reports imposed.
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29 October 2010 |
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Foreign applicants granted legal guardianship as being in the child's best interests; travel and adoption permitted with conditions.
* Children law – welfare and best interests of the child; * Guardianship – appointment of foreign prospective guardians; * Requirements for registration and consular notification; * Permission to travel and foreign adoption; * Ongoing reporting obligations
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29 October 2010 |
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Recent possession of recovered stolen property and statutory inclusion of imitation weapons supported aggravated robbery convictions.
Criminal law – Aggravated robbery – proof of theft, violence and deadly weapon; imitation firearms as deadly weapons under amended Penal Code; visual identification and proper identification parade procedure; doctrine of recent possession as circumstantial evidence.
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29 October 2010 |
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Accused convicted of aggravated defilement based on victim's testimony and corroboration despite absent medical evidence.
Criminal law – Aggravated defilement – proof of age of victim; proof of penetration; identification of accused; weight and admissibility of medical evidence; credibility of victim's testimony; sentence considerations.
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29 October 2010 |
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Court convicted the accused of defilement of an 8‑year‑old based on medical and victim identification evidence and sentenced him to 17 years imprisonment.
* Criminal law – Defilement – Elements: victim under 18, penetration, accused’s participation – proof beyond reasonable doubt.
* Evidence – Medical report corroborating sexual assault and age; victim identification and corroborative family testimony.
* Identification – Victim’s evidence as best evidence where victim knew the accused.
* Sentence – Consideration of seriousness, remand period and first offender status.
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29 October 2010 |
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Prosecution proved the respondent's guilt for murder; identification and malice established; sentenced to ten years imprisonment.
Criminal law – Murder: elements of murder (death, unlawfulness, malice aforethought, participation); Eyewitness identification – familiarity and moonlight as favourable circumstances; Medical evidence – perforated transverse colon and fecal fistula corroborating cause of death; Sentencing – balancing brutality with mitigating factors (remand period, youth, no prior convictions).
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29 October 2010 |
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The accused convicted of murdering his child by poisoning; conviction based on confession and cumulative circumstantial evidence.
* Criminal law – Murder by poisoning – elements: death, unlawfulness, malice aforethought, participation.* Circumstantial evidence – cumulative force; must exclude reasonable hypotheses of innocence.* Admissibility of confession – trial within a trial; voluntariness and evidential weight.* Sentencing – mitigation for time on remand, mental stress, and need for rehabilitation.
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29 October 2010 |
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Administrative recommendation to terminate appointment void for denying the applicant a fair hearing; certiorari and prohibition granted.
Judicial review – administrative law – natural justice – right to fair hearing (audi alteram partem) – anonymous whistleblower allegations – decision nullity – prerogative orders of certiorari and prohibition.
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28 October 2010 |
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Accused acquitted because circumstantial evidence failed to prove his participation beyond reasonable doubt despite fatal head injuries.
Criminal law – Murder – Elements: death, unlawfulness and malice aforethought – Malice inferred from use of lethal weapon and head injuries – Circumstantial evidence and identification – Alibi – Proof beyond reasonable doubt – Chain of custody of exhibits.
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28 October 2010 |
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Court grants guardianship to foreign applicants due to child’s welfare but refuses adoption for failure to meet statutory residency and fosterage requirements.
Children law – Adoption by non-citizens – Requirements under section 46(1) (residence, fosterage under supervision, recommendation, recognition) – Failure to meet statutory prerequisites – Welfare of the child – Guardianship as alternative to adoption – Conditions enabling foreign adoption and court supervision (registration, passport, travel, annual welfare reports).
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27 October 2010 |
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Court substituted guardianship for adoption in the child’s best interests and permitted prospective international adoption subject to protective conditions.
Children — Welfare and best interests as paramount; Guardianship versus adoption — discretion to grant guardianship where statutory adoption prerequisites not met; International adoption — permission to adopt abroad and conditions to safeguard child’s welfare; Court powers — exercise of constitutional and Judicature Act jurisdiction to make remedial orders under the Children Act; Protective conditions — registration, passport, travel permission, and periodic welfare reporting.
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27 October 2010 |
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A pre-election challenge under Article 80 was premature; interlocutory orders in election petitions must be made by a judge.
* Constitutional and electoral law – Qualification of candidates – Whether Article 80(2)(f) permits pre-election challenges to bar candidature – Procedural requirement to await Electoral Commission action under the Parliamentary Elections Act and Rules.
* Political parties – Candidate vetting – Internal party process under Political Parties and Organizations Act.
* Civil procedure – Election petitions – Interlocutory matters to be heard by a judge under Rule 24; Registrar lacks jurisdiction.
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26 October 2010 |
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Court appoints foreign foster carers as legal guardians, finding it in the children’s best interests and imposing protective conditions.
Children law – Guardianship – Best interests and welfare paramount – Suitability of prospective guardians (residence, finances, home study, bonding, criminal clearance) – Court may impose registration, passport, travel, adoption and reporting conditions to safeguard welfare.
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26 October 2010 |
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The court appointed foreign applicants as legal guardians, permitting the child’s relocation and adoption abroad in the child’s best interests.
Family law – Guardianship – Children Act: welfare and best interests of the child paramount – Appointment of foreign guardians – Cross-border removal and adoption – registration and reporting conditions.
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25 October 2010 |
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Court appointed foreign applicants as legal guardians, finding the appointment in the child’s best interests and permitting relocation and adoption.
* Family law – Guardianship – Appointment of foreign applicants as legal guardians – Welfare and best interests of the child paramount. * High Court jurisdiction – power to grant guardianship, authorise travel and foreign adoption, and impose protective conditions. * Children's Act – welfare principle governs decisions affecting children. * Administrative requirements – registration with national registries and embassies; passport procurement; annual welfare reporting.
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25 October 2010 |
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The court ordered relocation of polling stations inside military barracks and quashed premature display of the voters register for failure to comply with statutory publication requirements.
Electoral law – prohibition on special or separate polling stations exclusively for security personnel – scope and object of amendments requiring removal of polling stations from military precincts; Electoral Commission duty to publish places of display of voters register in Gazette and print media at least 60 days prior – failure to comply – remedies: mandamus, certiorari, prohibition; judicial review for ultra vires acts.
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22 October 2010 |
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Court appointed joint guardians and authorized travel abroad for child’s urgent medical treatment in her best interests.
* Guardianship – appointment of legal guardian for a minor – best interests of the child – medical treatment abroad – requirement that guardian travel with child.
* Jurisdiction – High Court’s original jurisdiction under Article 139 and Judicature Act to entertain guardianship applications.
* Children Act – definition of child and role of Probation Officer’s report in guardianship determinations.
* Co-guardianship – suitability of sole guardian where spouse is alive and has consented; requirement to join spouse as co-guardian.
* Administrative directions – registration of guardianship order with domestic Registrar and foreign embassies; reporting on child’s welfare post-treatment.
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22 October 2010 |
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Court disallowed procedural objections, holding late reply not automatically fatal and judicial review may be brought against public-function holders.
* Judicial review – Procedure – Interpretation of Judicature (Judicial Review) Rules 2009 – Rule 7(3) and time for filing affidavit in reply – non-compliance not automatically fatal absent prejudice or jurisdictional defect. * Judicial review – Scope – Remedy available against persons performing public acts or duties, including local government officials; suitability of striking out at interlocutory stage. * Civil procedure – Preliminary objections – Courts should avoid dismissing actions on procedural grounds where substantive issues remain to be determined.
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22 October 2010 |