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HC: Family Division (Uganda)

The Family Division was created in  April 2005 as a division of the high court that handles: Administration causes, Family causes, (Adoption, Guardianship, Affiliation/maintenance), Miscellaneous causes, Miscellaneous applications, Civil appeals, Civil suits, Originating summons, Civil revisions and Divorce cases.

Physical address
Makindye Chief Magistrates' Court at Mobutu Road .
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https://judiciary.go.ug/data/smenu/15/Family%20Division.html
3 judgments
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3 judgments
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September 2013
Basheija v Basheija & Anor (Divorce Cause No. 12 of 2005) [2013] UGHCFD 9 (18 September 2013)
Court held that only properties to which the parties jointly contributed are matrimonial and should be equally shared; pre-marriage assets may remain individual property.
Family law – divorce – characterization and division of matrimonial property – whether property acquired before formal marriage is automatically matrimonial – Supreme Court guidance on contributions and constitutional protection of individual ownership – consent Decree Nisi and effect of separation agreements.
 18 September 2013
In Re: Ayepei Steven & Ayepei Patrick(Infants) (Misc. Application No. 26 of 2013) [2013] UGHCFD 8 (12 September 2013)
Contentious review of Letters of Administration requires an ordinary suit; motion on affidavit was improperly filed; applicants to file suit.
Probate and Administration – Review of grant of Letters of Administration – Contentious challenges to grants require an ordinary suit and evidence beyond affidavits. Civil procedure – Motion on affidavit vs. ordinary suit – Where factual disputes arise, matters are not suitable for determination by notice of motion. Preliminary objection – Procedural impropriety – application struck as improperly before court; costs awarded.
 12 September 2013
Fenzi v Nabbosa (Misc.Cause No 6 of 2012) [2013] UGHCFD 7 (6 September 2013)
A consent divorce decree settling custody and property is final; subsequent maintenance claims are barred by res judicata and procedural noncompliance.
Children Act – s.76(5) and Rules – procedure for maintenance applications; Civil Procedure Act s.7 – res judicata; consent divorce decree – finality and inability to vary absent fraud or collusion; jurisdiction of Family and Children Court.
 6 September 2013