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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
3 judgments
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3 judgments
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July 2014
Nagujja & 3 ors v Ssegujja & 3 ors (Miscellaneous Application No. 234 of 2013) [2014] UGHCFD 39 (10 July 2014)
A recorded consent in earlier proceedings estops parties from relitigating the Ggaba house, so a temporary injunction could not be granted.
Civil procedure – temporary injunction – requirement of a pending suit under Order 41 CPR – preservation of property pending suit. Res judicata and consent judgments – distinction between consent outcomes and contested decisions on merits. Estoppel – consent recorded by a judge binds parties and their privies (Evidence Act s114). Consent orders recorded by a judge operate as estoppel even if formal extracted order not signed.
 10 July 2014
In Re: Mudondo & Achipa (Both infants) (Miscellaneous Cause No. 06 of 2014) [2014] UGHCFD 38 (3 July 2014)
Habeas corpus granted: police detention unlawful; magistrate’s illegal guardianship revoked; children returned to their grandmother.
Habeas corpus – detention of children – witness protection scheme – legality and constitutional safeguards; Children Act and constitutional rights to parental care; jurisdiction of Family and Children Court/Magistrate Grade I to grant guardianship to non‑citizens; revocation/revision of magistrate’s order for excess of jurisdiction; illegality overriding pleadings.
 3 July 2014
Nyabayango v Kabasinguzi & Anor (High Court Civil Suit No. 121 of 2012) [2014] UGHCFD 37 (1 July 2014)
Preliminary objection overruled: plaint discloses cause of action and settlement clause ousting court jurisdiction is void.
Constitutional jurisdiction – distinction between applying constitutional provisions and interpreting them – Article 137(3). Civil procedure – preliminary objection – whether plaint discloses cause of action (marriage, violation, liability). Contracts Act s.22(1) – agreements ousting right to legal proceedings void. Family law – restitution of conjugal rights as alternative to divorce, plaintiff’s choice of remedy.
 1 July 2014