HC: Family Division (Uganda) - 2014 December

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6 judgments

Citation	Judgment date
December 2014
Namirimu v Mulondo & Ors (High Court Civil Suit No. 27 of 2011) [2014] UGHCFD 48 (23 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
Asiimwe Ndyomugyenyi v Asiimwe (Civil Suit No. 104 of 2013) [2014] UGHCFD 47 (19 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
In Re: Akinyi Diana (Infant) (HCT-04-CV-AC-0004-2014) [2014] UGHCFD 41 (12 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
In Re: Hodkins Isaac (Infant) (HCT-04-CV-AC-0003-2014) [2014] UGHCFD 43 (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
In Re: Kakoma Gift (Infant) (HCT-04-CV-AC-0005-2014) [2014] UGHCFD 42 (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
In Re: Hannah Namiiro (an infant) (Family Cause No.167 of 2014) [2014] UGHCFD 49 (5 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