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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
Citation
Judgment date
April 2014
Aloyo v Ogwok (Civil Suit (originating Summons) No. 10 of 2013) [2014] UGHCFD 27 (29 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
Ndema & Anor v Mubiru (Miscellaneous Application No. 225 of 2013) [2014] UGHCFD 26 (28 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
Bukawa Whekhola & Ors v Natoolo (HCT-04-CV-MA-0075-2013) [2014] UGHCFD 25 (17 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
In Re: Muyingo & Ors (infants) (Family Cause 299 of 2013) [2014] UGHCFD 22 (11 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
In Re: Nassozi (an infant) (Family Cause 37 of 2014) [2014] UGHCFD 23 (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
In Re: Seguya &Kasozi (both infants) (Family Cause 38 of 2014) [2014] UGHCFD 24 (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
In Re: Okwia Virginia(Infant) (Misc Cause No. 120 of 2013) [2014] UGHCFD 53 (8 April 2014)
Family Law
 8 April 2014
In Re: Naiga Hellen (an Infant) (Family Cause 25 of 2014) [2014] UGHCFD 21 (1 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