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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
6 judgments
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6 judgments
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May 2014
In Re: Otim (an infant) (Family Cause 03 of 2013) [2014] UGHCFD 33 (29 May 2014)
Applicant brother appointed guardian to enable sale of jointly-owned land, prioritizing the minor’s best interests and consent.
Guardianship – High Court inherent jurisdiction under Constitution s139(1), Judicature Act s14 and Civil Procedure Act s98 – appointment of guardian where Children Act silent Children – best interests principle – ascertainable wishes of child of understanding age relevant Property – sale of jointly-owned land to fund child’s welfare – consent of child and co-owner sibling supports guardian appointment
 29 May 2014
In Re: Proscovia Kaala (Miscellaneous Application No 276 of 2013) [2014] UGHCFD 32 (15 May 2014)
Discharge of an administrator is premature without filing of the statutory inventory/account and notice to co-administrators and beneficiaries.
Succession Act s.278 – administrators’ duty to file inventory and account; ex parte application – necessity to notify co-administrators and beneficiaries; discharge or replacement of administrator – premature without statutory compliance and hearing of interested parties.
 15 May 2014
Sebalamu & Ors v Kizito & Ors (Originating Summons No. 04 of 2012) [2014] UGHCFD 31 (14 May 2014)
Originating summons dismissed for lack of authentic evidence and because disputes require a full trial.
Succession and land law – Caveat – Whether defendants have caveatable interest in intestate estate land; Originating summons (Order 37 CPR) – suitability of summary procedure where factual disputes and authenticity of title/encumbrance documents are in issue; Evidence – requirement to produce authentic originals or certified copies (including encumbrance pages); Ex parte procedure – burden of proof on applicant remains.
 14 May 2014
In Re: Justine Waiswa Bakama & Nauma Catherine (infants) (Adoption Cause No. 039 of 2013) [2014] UGHCFD 29 (8 May 2014)
Court granted adoption to a paternal uncle, waiving spousal consent and the 36‑month Uganda residency requirement in the children’s best interests.
Children law – Adoption – waiver of statutory 36‑month continuous care requirement; dispensation of spousal consent under section 44(2) Children Act; best interests of the child; foreign residence of applicant and sufficiency of documentary evidence (death certificate, criminal record check, financial/tax returns, employment confirmation).
 8 May 2014
In Re: Tusabiri (an infant) (Adoption Cause No 252 of 2013) [2014] UGHCFD 30 (8 May 2014)
Non‑citizen foster parent permitted to adopt abandoned Ugandan child where statutory tests and best‑interests standard are met.
Adoption law – High Court jurisdiction for non‑citizen applications – statutory eligibility (age, fostering period, residence, good character, foreign recommendation) – dispensation of parental consent where parents unknown – welfare principle paramount – international recognition of adoption.
 8 May 2014
In Re: Namutebi (an infant) (Adoption Cause No. 08 of 2014) [2014] UGHCFD 28 (2 May 2014)
Foreign applicants appointed legal guardians as being in the child's best interests, with travel, adoption and reporting conditions.
Children law — Best interests principle — Appointment of foreign guardians — Home study and probation report as evidence of suitability — Permission to travel and complete adoption abroad — Retention of Ugandan citizenship and reporting obligations.
 2 May 2014