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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
8 judgments
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8 judgments
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Judgment date
January 2014
In Re: Nanyonga Shanita (an infant) (Family Cause 277 of 2013) [2014] UGHCFD 7 (22 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
Kirungi v Mugabe (Divorce Cause No. 48 of 2013) [2014] UGHCFD 6 (21 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
In Re: Byamukama (an infant) (Family Cause No 148 of 2013) [2014] UGHCFD 3 (20 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
In Re: Kalema (an infant) (Family Cause 220 of 2013) [2014] UGHCFD 4 (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
In Re: Nanyonga (an infant) (Family Cause 273 of 2013) [2014] UGHCFD 5 (20 January 2014)
Court appointed foreign applicants as legal guardians and permitted the child’s immigration, applying the best‑interests principle with protective reporting conditions.
Family law – Guardianship – Best interests of the child paramount – High Court’s inherent jurisdiction to appoint guardians – Non‑citizen guardians and removal abroad – Conditions: passport, annual welfare reports, official notifications.
 20 January 2014
In Re: Kawala Joy & Nandudu Annet (both Infants) (Consolidated Miscellaneous/ Family Cause No. 278 of 2012 And 279 of 2012) [2014] UGHCFD 52 (10 January 2014)
Family Law
 10 January 2014
In Re: Mirembe and Bazaale (Infants) (Misc Cause No. 010 of 2013) [2014] UGHCFD 2 (1 January 2014)
Application for foreign guardianship declined because relocation was not shown to be in the infants’ best interests.
Children law – guardianship – best interests of the child paramount; suitability reports by foreign adoption agency considered but not determinative; age and capacity of prospective guardians; sustainability of placing infants abroad; alternatives to transfer of guardianship.
 1 January 2014
In Re: Mirembe (an Infant) (Misc. Cause No. 025 of 2012) [2014] UGHCFD 1 (1 January 2014)
Adoption granted where applicants met residency and suitability requirements and adoption served the child’s best interests.
Adoption — Best interests of the child (Section 3(1) Cap.59) — Residency requirement for adopters — Suitability assessed by Probation Officer’s report and prior guardianship — Court observation of child’s welfare.
 1 January 2014