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 .
7 judgments
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7 judgments
Citation
Judgment date
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