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Citation
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Judgment date
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| December 2014 |
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Court dismissed plaintiff’s claim, revoked her letters for intermeddling and restored estate property and administration to rightful administrators.
* Succession law – letters of administration – revocation where applicant conceals a will or intermeddles; * Intermeddling/executor de son tort – assuming administration over another estate; * Proof and effect of a hidden/deliberately withheld will – entitlement to letters with will annexed; * Remedies – revocation of grants, cancellation and re-transfer of titles, vacant possession, injunctions and damages; * Burial grounds and ancestral land as indicia of estate ownership.
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23 December 2014 |
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A widow is entitled to sole letters of administration; a mala fide stranger’s caveat warrants removal, damages and injunctive relief.
Succession law – letters of administration – widow’s primary entitlement under Succession Act; Caveat – locus standi of non-relatives; Illegitimate children – equal entitlement in intestacy; Remedies – removal of caveat, damages (general and punitive), interest, injunction and costs for mala fide interference.
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19 December 2014 |
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Court appointed applicants as legal guardians, permitting emigration and foreign adoption, finding this to be in the child's best interests.
* Family law – Guardianship – Best interests of the child; abandoned child with incapacitated mother; suitability of prospective guardians. * Guardianship – Permission to emigrate and complete foreign adoption; conditions and reporting to court registry and government/diplomatic bodies. * Procedural – Mandatory notifications to ministries, embassy and placing agency; costs ordered to applicants.
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12 December 2014 |
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Applicants appointed legal guardians as child’s best interest justified migration and adoption abroad, with reporting and notifications ordered.
Children’s law – Guardianship – Best interests of the child under section 3 of the Children’s Act; suitability checks for guardianship (placement reports, criminal background, medical examination); permission for child’s migration for family placement and foreign adoption; annual welfare reporting and official notifications.
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12 December 2014 |
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Court appointed applicants as legal guardians of an abandoned three‑year‑old, permitting emigration and foreign adoption in the child’s best interests.
* Guardianship of abandoned child – absence of known relatives – suitability of applicants assessed by home study and social inquiry; best‑interests standard applied.
* Court may permit emigration and foreign adoption where guardianship is in child’s best interests.
* Supervisory conditions may include annual welfare reports to the Registrar and notification of government agencies.
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12 December 2014 |
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Court appointed the father legal guardian to sell a minor’s land for the child’s welfare and required accounting.
* Guardianship – legal guardianship to administer and dispose of a minor’s property – court’s power under S.33 Judicature Act and Article 34(1)(b) welfare principle. * Authority to sell land of a minor – specific court authorization and requirement to account. * Parental appointment and joint proprietorship – joining parents with minor as proprietors for remaining plot.
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5 December 2014 |
| November 2014 |
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Family Law
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19 November 2014 |
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Petition withdrawn with costs awarded; cross-petition remains valid despite the petitioner’s change of domicile.
Family law – withdrawal of divorce petition; discontinuance and costs under Civil Procedure Act and Order 25(1); domicile requirement under Divorce Act; validity of cross-petition despite subsequent change of domicile; relief deferred to hearing of cross-petition.
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11 November 2014 |
| September 2014 |
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Adoption granted where the child’s welfare and strong bond justified exception to the statutory fostering period.
Children Act (ss.3, 45, 46) – Adoption – Welfare principle paramount – Suitability of adoptive parent – Intercountry adoption requirements – Exceptional circumstances allowing departure from 36-month fostering requirement – Termination of other parental rights – Registration and consular notification.
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30 September 2014 |
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Adoption granted: the child’s welfare and petitioners’ suitability outweighed a shortfall in the statutory fostering period.
* Children law – Adoption – Welfare of the child paramount – Shortfall in statutory fostering period overridden by child’s best interest. * Adoption – Suitability of adoptive parents – age, residency, financial means, good conduct and probation report. * Procedure – Registration of adoption and notification to consular/Ministry of Foreign Affairs.
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26 September 2014 |
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Court granted adoption, finding exceptional circumstances, statutory compliance and that adoption served the children’s best interests.
Children Act (s46) – intercountry adoption – exceptional circumstances; foster care requirement (36 months); consent to adoption; suitability of adoptive parents; best interests of the child; registration of adoption order.
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4 September 2014 |
| August 2014 |
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Court appointed foreign applicants as legal guardians and permitted migration, prioritizing the children’s best interests.
Family law – Guardianship – High Court jurisdiction; best interests of the child paramount; suitability of foreign applicants; permission to emigrate; registration and documentation directions.
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22 August 2014 |
| July 2014 |
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A recorded consent in earlier proceedings estops parties from relitigating the Ggaba house, so a temporary injunction could not be granted.
* Civil procedure – temporary injunction – requirement of a pending suit under Order 41 CPR – preservation of property pending suit. * Res judicata and consent judgments – distinction between consent outcomes and contested decisions on merits. * Estoppel – consent recorded by a judge binds parties and their privies (Evidence Act s114). * Consent orders recorded by a judge operate as estoppel even if formal extracted order not signed.
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10 July 2014 |
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Habeas corpus granted: police detention unlawful; magistrate’s illegal guardianship revoked; children returned to their grandmother.
Habeas corpus – detention of children – witness protection scheme – legality and constitutional safeguards; Children Act and constitutional rights to parental care; jurisdiction of Family and Children Court/Magistrate Grade I to grant guardianship to non‑citizens; revocation/revision of magistrate’s order for excess of jurisdiction; illegality overriding pleadings.
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3 July 2014 |
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Preliminary objection overruled: plaint discloses cause of action and settlement clause ousting court jurisdiction is void.
* Constitutional jurisdiction – distinction between applying constitutional provisions and interpreting them – Article 137(3). * Civil procedure – preliminary objection – whether plaint discloses cause of action (marriage, violation, liability). * Contracts Act s.22(1) – agreements ousting right to legal proceedings void. * Family law – restitution of conjugal rights as alternative to divorce, plaintiff’s choice of remedy.
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1 July 2014 |
| June 2014 |
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Application for administrators pendente lite and interlocutory mandatory relief denied after unlawful execution of interim order and unclean hands.
Succession Act s.218 – administrators pendente lite; Interlocutory injunctions – tests: prima facie case, irreparable harm, balance of convenience; Mandatory vs prohibitory injunctions – preserve status quo; Equity – clean hands doctrine; Illegal execution of interim orders – effect on entitlement to equitable relief.
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30 June 2014 |
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Court allowed amendment of plaint under Order 6 r.19, finding no new cause or prejudice to respondents.
Civil Procedure – Amendment of pleadings (Order 6 r.19 & r.31 CPR) – Amendments allowed unless they change action's character or prejudice existing rights – Objections on merits are not a ground to refuse amendment.
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26 June 2014 |
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Applicant maternal grandmother appointed guardian and permitted to take the child to Australia in the child’s best interests.
Family law – Guardianship – High Court jurisdiction to appoint guardian where statute silent – Best interests of the child paramount – Consent of child and parents – Permission for child to travel/immigrate with guardian – Post-relocation reporting and notification conditions.
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16 June 2014 |
| May 2014 |
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Applicant brother appointed guardian to enable sale of jointly-owned land, prioritizing the minor’s best interests and consent.
* Guardianship – High Court inherent jurisdiction under Constitution s139(1), Judicature Act s14 and Civil Procedure Act s98 – appointment of guardian where Children Act silent. * Children – best interests principle – ascertainable wishes of child of understanding age relevant. * Property – sale of jointly-owned land to fund child’s welfare – consent of child and co-owner sibling supports guardian appointment.
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29 May 2014 |
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Discharge of an administrator is premature without filing of the statutory inventory/account and notice to co-administrators and beneficiaries.
Succession Act s.278 – administrators’ duty to file inventory and account; ex parte application – necessity to notify co-administrators and beneficiaries; discharge or replacement of administrator – premature without statutory compliance and hearing of interested parties.
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15 May 2014 |
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Originating summons dismissed for lack of authentic evidence and because disputes require a full trial.
Succession and land law – Caveat – Whether defendants have caveatable interest in intestate estate land; Originating summons (Order 37 CPR) – suitability of summary procedure where factual disputes and authenticity of title/encumbrance documents are in issue; Evidence – requirement to produce authentic originals or certified copies (including encumbrance pages); Ex parte procedure – burden of proof on applicant remains.
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14 May 2014 |
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Court granted adoption to a paternal uncle, waiving spousal consent and the 36‑month Uganda residency requirement in the children’s best interests.
Children law – Adoption – waiver of statutory 36‑month continuous care requirement; dispensation of spousal consent under section 44(2) Children Act; best interests of the child; foreign residence of applicant and sufficiency of documentary evidence (death certificate, criminal record check, financial/tax returns, employment confirmation).
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8 May 2014 |
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Non‑citizen foster parent permitted to adopt abandoned Ugandan child where statutory tests and best‑interests standard are met.
Adoption law – High Court jurisdiction for non‑citizen applications – statutory eligibility (age, fostering period, residence, good character, foreign recommendation) – dispensation of parental consent where parents unknown – welfare principle paramount – international recognition of adoption.
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8 May 2014 |
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Foreign applicants appointed legal guardians as being in the child's best interests, with travel, adoption and reporting conditions.
Children law — Best interests principle — Appointment of foreign guardians — Home study and probation report as evidence of suitability — Permission to travel and complete adoption abroad — Retention of Ugandan citizenship and reporting obligations.
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2 May 2014 |
| April 2014 |
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Registration of a foreign judgment was adjourned pending determination of a security-for-costs application under Order 26 CPR.
Reciprocal Enforcement of Judgments Act – registration of foreign judgments is discretionary under s.2; Civil Procedure Rules O.26 – security for costs applicable to originating summons; s.2(5) permits costs orders; adjournment pending security-for-costs application appropriate where defendant demonstrates arguable need.
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29 April 2014 |
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Interim injunction granted to preserve applicant’s possession against respondent’s use of letters of administration pending trial.
Civil procedure – interim injunctions – preservation of status quo to protect possession pending litigation; prima facie case and irreparable harm required; balance of convenience; jurisdiction to grant preservative relief against use of letters of administration and mandamus orders.
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28 April 2014 |
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Court grants temporary injunction preventing any intermeddling with a deceased’s estate pending resolution, absent Probate or Letters of Administration.
Administration of estates – Intermeddling with deceased’s estate – Only holder of Probate or Letters of Administration may intermeddle – Alleged collection of rents and failure to account – Preservation of status quo by temporary injunction – Order 41 r.1 and r.19 of Civil Procedure Rules – Administrator General’s Act (Cap.157).
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17 April 2014 |
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Court granted legal guardianship to applicants, permitting children's immigration and mandating annual welfare reports as being in their best interests.
Children – Guardianship – Inherent jurisdiction of High Court under Article 139 and Judicature Act to make guardianship orders where statute is silent – Best interests of the child paramount – Preservation of sibling unity – Suitability determined by home study, police/medical clearances – Permission to obtain passports and immigrate – Post-order welfare reporting and inter-agency notification.
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11 April 2014 |
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High Court granted guardianship to suitable foreign applicants, permitting travel abroad to complete adoption with safeguards.
Children law – Guardianship – High Court’s inherent and constitutional jurisdiction to make guardianship orders; best interests of the child principle; suitability and in loco parentis; permission to travel abroad to complete adoption with reporting and safeguarding conditions.
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11 April 2014 |
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High Court grants guardianship and permission to travel abroad to complete adoption, guided by the children’s best interests.
Child law – Guardianship – High Court jurisdiction under Constitution and Judicature Act and inherent powers; Best interests of the child principle; Permission to travel abroad to complete foreign adoption; Children’s assent and relatives’ consent; Protective conditions (passports, annual reports, notification to authorities).
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11 April 2014 |
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Family Law
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8 April 2014 |
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High Court granted a mother guardianship to deal with jointly owned land for the child’s education and welfare.
* Guardianship – High Court’s inherent jurisdiction to grant guardianship orders where statute is silent – reliance on Constitution and Judicature Act; * Children – best interests principle as primary consideration; * Property – dealing with jointly owned land for child’s education and welfare; * Child’s wishes – weight of assent where child is of understanding age; * Procedural – ex parte application supported by documentary evidence.
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1 April 2014 |
| March 2014 |
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A court granted guardianship to foreign applicants for an abandoned infant, permitting travel to the USA with reporting and preservation conditions.
Children law – abandoned infant; guardianship – best interests of the child; foreign applicants granted guardianship and permitted to travel to complete adoption; conditions and reporting imposed to preserve child’s ties to Uganda.
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27 March 2014 |
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High Court may appoint guardians under inherent jurisdiction to permit property transfer in minors' best interests.
Children law – guardianship by High Court under constitutional and inherent jurisdiction – best interests of the child paramount – minors’ wishes and administrators’ consent – appointment of guardians to enable transfer of jointly owned land.
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26 March 2014 |
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Applicant mother granted guardianship and authorized to sell jointly-held land to advance the child’s welfare and education.
* Family law – Guardianship – High Court’s inherent jurisdiction under Constitution, Judicature Act and Civil Procedure Act to make guardianship/property orders where statute is silent.
* Children – Best interests principle – paramount consideration; include child’s ascertainable wishes where of sufficient understanding.
* Property – Authorization to sell land jointly held with a minor where sale is to advance minor’s welfare and child does not oppose.
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20 March 2014 |
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Court appointed applicant as legal guardian and permitted child’s immigration, prioritizing best interests and protective reporting conditions.
* Children law – guardianship – best interests principle – High Court’s inherent jurisdiction to make guardianship orders where statute is silent. * Guardianship criteria – child’s wishes, relatives’ consent, home study, probation officer’s recommendation. * Special circumstances – female guardian for male child justified where child assent and lack of suitable relatives. * Ancillary safeguards – passport, annual welfare reports, official notification.
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17 March 2014 |
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Court appointed foreign applicants as legal guardians and authorised the child’s immigration to the USA, subject to protective reporting conditions.
* Family law – Guardianship – High Court exercises constitutional and inherent jurisdiction to appoint legal guardians where Children Act is silent; best interests of the child paramount. * Child welfare – suitability of foreign applicants – home study, police clearance, health reports and social welfare recommendation sufficed. * Interstate relocation – court authorised immigration subject to safeguards (passport, annual reports, notifications).
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17 March 2014 |
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High Court may, under inherent jurisdiction, appoint limited guardianship for an incapacitated adult and impose oversight safeguards.
Guardianship of adults; High Court inherent jurisdiction under Judicature Act and Civil Procedure Act; appointment of guardian for physically incapacitated adult (not mentally unsound); limited guardianship scope; court oversight requirements (bond, annual reports, budgets, accounting); management of employment/insurance entitlements for medical care.
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6 March 2014 |
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High Court appointed foreign applicants as legal guardians of an abandoned child and permitted emigration with protective conditions.
* Family law – Guardianship – Appointment of legal guardians for an abandoned child – Best interests of the child as primary consideration. * Jurisdiction – High Court power under Constitution, Judicature Act and Civil Procedure Act to grant guardianship. * Child welfare – suitability of foreign applicants (home-study, social welfare recommendation, police clearance). * Permission to emigrate – guardian permitted to travel and reside with child subject to passport, annual reporting and official notifications.
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3 March 2014 |
| February 2014 |
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A gift of registered land requires executed transfer; handing title and possession alone do not vest ownership.
* Property law – Registered land – Gift inter vivos – Requirement to execute transfer forms under s.92 Registration of Titles Act.
* Equity – Completion of gifts – donor must do everything necessary to enable donee complete title.
* Succession – Inclusion of registered land in intestate estate where gift not perfected.
* Civil procedure – Damages – need for proof; interest and interest on costs must conform to statutory limits and be properly justified.
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25 February 2014 |
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The court dismissed the respondent's claim as a bona fide gift due to legal shortcomings in the land transfer formalities.
Gift inter vivos - Transfer of registered land - Equity and registration formalities - General damages and interest awards - Legal interest in land.
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25 February 2014 |
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Court granted intercountry legal guardianship to foreign applicants under the welfare principle with supervisory safeguards.
Children Law – Guardianship – Consolidation of related family causes – Welfare principle as paramount consideration – Intercountry legal guardianship – Protective conditions: retention of Ugandan citizenship, periodic reporting and periodic returns for supervision.
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21 February 2014 |
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High Court may appoint a cohabiting foreign caregiver as legal guardian when it serves the child’s best interests.
Guardianship — High Court jurisdiction under Constitution and Judicature Act — Best interests of the child paramount — Application of Children Act First Schedule factors — Loco parentis and foster care as basis for guardianship — Appointment of foreign resident guardian — Conditions: annual welfare reports and address notification.
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20 February 2014 |
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Court granted foreign applicants legal guardianship and permission to complete adoption abroad, subject to safeguards protecting the child's Ugandan ties.
Children – Abandoned infant – Legal guardianship by foreign nationals – Best interests of the child paramount – High Court’s inherent jurisdiction to appoint guardians where statutory guidance lacking – Permission to travel abroad to complete adoption – Protective conditions (retention of Ugandan citizenship; periodic reports; return visits).
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11 February 2014 |
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Family Law
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7 February 2014 |
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Court grants legal guardianship to foster parents as being in the child’s best interests.
Children law – Guardianship – Best interests of the child paramount – Court may grant legal guardianship where applicants demonstrate suitability and parental consent is given – Application under Article 139(1), Judicature Act and Children Act.
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5 February 2014 |
| January 2014 |
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Court granted guardianship to a foreign applicant and allowed the child to immigrate, subject to reporting and passport conditions.
Children — Guardianship — High Court jurisdiction under Article 139 and Judicature Act; best interests of the child paramount; suitability of non‑citizen guardian; permission to immigrate with child subject to safeguards and reporting requirements.
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22 January 2014 |
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Marriage found irretrievably broken due to respondent’s cruelty and desertion; mother granted custody and US$400 monthly maintenance.
* Family law – Divorce – cruelty and desertion as grounds for dissolution; courts assess breakdown on totality of facts post-constitutional review of gendered grounds; * Children – custody – best interests paramount; tender-age presumption for mother as primary caregiver; * Maintenance – parental duty under Children Act; maintenance ordered in specified monthly sum; * Procedure – default/interlocutory judgment treated as admission where no defence filed.
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21 January 2014 |
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Guardianship application by foreign applicants dismissed due to inconsistent, insufficient evidence and unresolved best‑interests concerns.
Children — Guardianship — High Court jurisdiction to appoint guardians; best interests of the child paramount; evidentiary sufficiency and reliability (PSWO report, care orders, tracing efforts); foreign applicants and proposed migration.
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20 January 2014 |
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Foreign applicants granted guardianship where permanency and travel abroad to complete adoption advance the abandoned child’s best interests.
* Family law – Guardianship – High Court jurisdiction under Article 139 and Judicature Act where Children Act silent; * Best interests of the child paramount in guardianship and placement decisions; * Non-citizen applicants may be appointed guardians where fit; * Permission to travel abroad and complete adoption allowable with protective conditions (passport, reporting, notifications).
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20 January 2014 |