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
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