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 .
54 judgments
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54 judgments
Citation
Judgment date
December 2014
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.
23 December 2014
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.
19 December 2014
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.
12 December 2014
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.
12 December 2014
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.
12 December 2014
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.
5 December 2014
November 2014
Family Law
19 November 2014
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.
11 November 2014
September 2014
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.
30 September 2014
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.
26 September 2014
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.
4 September 2014
August 2014
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.
22 August 2014
July 2014
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.
10 July 2014
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.
3 July 2014
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.
1 July 2014
June 2014
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.
30 June 2014
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.
26 June 2014
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.
16 June 2014
May 2014
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.
29 May 2014
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.
15 May 2014
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.
14 May 2014
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).
8 May 2014
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.
8 May 2014
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.
2 May 2014
April 2014
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.
29 April 2014
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.
28 April 2014
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).
17 April 2014
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.
11 April 2014
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.
11 April 2014
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).
11 April 2014
Family Law
8 April 2014
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.
1 April 2014
March 2014
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.
27 March 2014
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.
26 March 2014
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.
20 March 2014
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.
17 March 2014
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).
17 March 2014
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.
6 March 2014
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.
3 March 2014
February 2014
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.
25 February 2014
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.
25 February 2014
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.
21 February 2014
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.
20 February 2014
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).
11 February 2014
Family Law
7 February 2014
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.
5 February 2014
January 2014
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.
22 January 2014
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.
21 January 2014
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.
20 January 2014
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).
20 January 2014