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Citation
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Judgment date
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| December 2015 |
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Family Law
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14 December 2015 |
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Application for title changes dismissed as premature; s.177 Registration of Titles Act requires antecedent recovery or estate determination.
* Registration of Titles Act, s.177 – cancellation and substitution of entries in Register Book permissible upon recovery of land; consequential orders altering titles require antecedent recovery or determination of estate extent.
* Procedural law – limits on consequential orders from prior declaratory/directive judgments where subject-matter (extent/recovery of land) was not determined.
* Locus and standing – power of attorney must confer authority to litigate; institutional claimant distinct from individual attorney.
* Advocates Act – proper procedure for recovering taxed costs (issue raised but left moot).
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14 December 2015 |
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The applicants were granted legal guardianship of an orphaned infant and permitted to pursue adoption abroad under protective conditions.
Children law – guardianship; welfare principle – best interests paramount; High Court jurisdiction to grant guardianship; cross-border placement and foreign adoption permitted with conditions; reporting, citizenship and religious safeguards.
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10 December 2015 |
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Court refused a Children Act search order (not an "approved home") but ordered disclosure of the child's location.
* Children Act – section 62 – search and production/recovery orders available only where child removed from an "approved home".
* Children Act – section 41 – power to summon persons withholding child-related information; High Court may exercise inherent and original jurisdiction to order disclosure to avoid multiplicity of proceedings.
* Constitutional provisions – parental rights and duty to care; child’s right to know and be cared for by parents.
* Evidence – uncontroverted affidavit evidence sufficient to justify disclosure order; lack of reply treated as admission per civil procedure rules.
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3 December 2015 |
| November 2015 |
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Court appointed child's maternal aunt and her husband as guardians based on best interests and parental renunciation.
Guardianship — Succession Act s.44(2) and CPA s.98 — Children Act best interests principle — eligibility of female relatives post-constitutional decision — admissible evidence for guardianship (DNA, local council recommendation, police clearance) — court-imposed reporting safeguards.
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24 November 2015 |
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Medical emergency claims unsupported by reliable evidence do not suffice to reinstate a dismissed application.
Civil Procedure — setting aside dismissal for non-appearance — requirement to show sufficient cause; Multi-applicants — whether each must file supporting affidavit; Service — effect of late service where motion signed in blank and court-file delays; Evidence — admissibility of documents not annexed to affidavit; Judicial discretion under Article 126(2)(e).
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23 November 2015 |
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A later valid will revokes an earlier will; the widow may obtain probate despite a caveat and absent attesting witnesses.
Succession law – Will formalities (Section 50) – Revocation by later will (Sections 48, 56, 57) – Widow’s entitlement to probate – Burden of proof on marital status – Survivorship of executors (Section 186) – Admissibility of secondary evidence where attesting witnesses absent (Evidence Act).
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13 November 2015 |
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Administrators’ failure to file statutory inventory mandates accounting, but revocation denied where estate largely disposed.
Succession Act – s.278 duty to exhibit inventory and account – administrators’ failure to file inventory – s.234 revocation for just cause – breach of fiduciary duties of estate administrators – remedy: court‑ordered accounting; revocation declined where estate largely disposed – compensation requires proof of loss.
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11 November 2015 |
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A suit against a respondent as executor is unsustainable once a court revoked the respondent’s grant of probate.
Succession Act s.264 – revocation of grant of probate; locus to sue as executor; appeal does not stay judgment; overtaken-by-events doctrine; duplicity of inventory/accountability orders.
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10 November 2015 |
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Application for guardianship granted where child's parents were unfit; applicants found suitable and orders made for registration and travel conditions.
Guardianship — Welfare of the child — Application under Constitution, Judicature Act and Civil Procedure rules — Children Act welfare principles — Parents unfit due to mental illness/alcoholism — Probation officer’s recommendation — Requirement to register order and obtain passport for travel.
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9 November 2015 |
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Family Law
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9 November 2015 |
| October 2015 |
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Civil Procedure
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29 October 2015 |
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Civil Procedure
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27 October 2015 |
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Civil Procedure
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15 October 2015 |
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Family Law
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8 October 2015 |
| September 2015 |
|
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Family Law
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1 September 2015 |
| August 2015 |
|
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Family Law
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25 August 2015 |
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Family Law
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25 August 2015 |
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Family Law
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20 August 2015 |
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Family Law
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20 August 2015 |
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The surviving biological mother granted custody and permission to travel abroad as being in the child’s best interests.
Children Act – Welfare principle paramount – Custody of minor – Surviving biological parent – Permission to travel abroad with child – Evidence: birth certificate, DNA, death certificate, passports, immigration approvals – Child’s ascertainable wishes.
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18 August 2015 |
| July 2015 |
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Civil Procedure|Civil Remedies|Consent Order
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30 July 2015 |
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Family Law
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21 July 2015 |
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Court dismissed request for limited letters of administration for failure to follow statutory procedure and obtain Administrator General's certificate.
* Succession law – limited letters of administration – sections 222 and 224 Succession Act; not applicable absent an unwilling/unable or non-resident representative.
* Administrator General – requirement to serve notice and obtain certificate of no objection before grant to persons other than widows/executors (Administrator General's Act; Rules SI 13-7).
* Civil procedure – court’s general powers under section 33 Judicature Act and section 98 Civil Procedure Act cannot override clear statutory procedure.
* Locus – beneficiaries of an intestate estate may sue in their own names to protect estate property (precedent applied).
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21 July 2015 |
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The respondent can be compelled by mandamus to issue a certificate of no objection where its delay is unreasonable.
* Succession law – Administrator General’s statutory duty to issue certificate of no objection – mandamus to compel performance; * Administrative law – judicial review grounds: illegality, irrationality, procedural impropriety; * Probate procedure – caveat and post-issuance adjudication do not justify indefinite withholding of certificates; * Remedies – mandamus granted; certiorari refused as unnecessary; prohibition (quousque) granted.
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6 July 2015 |
| June 2015 |
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|
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30 June 2015 |
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Family Law
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25 June 2015 |
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Family Law
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15 June 2015 |
| May 2015 |
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Temporary injunction refused where applicant showed triable issues but failed to prove irreparable harm or identify status quo.
* Civil procedure – interim relief – temporary injunction – requirements: pending suit, prima facie case, irreparable injury, preservation of status quo (Order 41 CPR).
* Evidence – need to demonstrate irreparable harm not atonable by damages and to identify the specific state of affairs or property to be preserved.
* Estate administration – disputes over letters of administration and alleged alienation of estate property as subject of interim relief.
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21 May 2015 |
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Mother appointed guardian and authorized to sell jointly‑held land as being in the minors’ best interests.
* Family law – Guardianship – Appointment of parent as guardian and authorization to dispose of property held jointly with minors – Best interests of the child paramount; children’s wishes where of understanding age relevant.
* Jurisdiction – High Court’s inherent and statutory powers to grant guardianship and authorise disposal of minors’ property.
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19 May 2015 |
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A court appointed a child's mother guardian to authorize sale of jointly-held land as being in the child's best interests.
Children law – guardianship – appointment of guardian to authorize disposal of minor's land; best interests of the child; weight of minor's assent; High Court's inherent jurisdiction.
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18 May 2015 |
| April 2015 |
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Court appointed foreign applicants as legal guardians and permitted travel to complete adoption in the child's best interests.
Family law – Guardianship and intercountry adoption – Best interests of the child under Children Act – Dispensing with parental consent where parent is mentally unfit – Court-authorised travel and conditions for foreign adoption.
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20 April 2015 |
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A stay of execution pending appeal requires the applicant to deposit taxed costs as security under Order 43 r4(3)(c).
* Civil procedure – Stay of execution pending appeal – Requirement for security for costs under Order 43 r 4(3)(c) CPR – Deposit of taxed costs as condition for stay.
* Civil procedure – Taxation of costs – Effect of party’s concession before the Registrar on stay applications.
* Precedents – Lawrence Musiitwa Kyazze v Eunice Busingye; DFCU Bank Ltd v Nakate Lusejjere; Godfrey Kasujja & Others v Njawukana.
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20 April 2015 |
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Where spouses jointly contribute to acquire a property during marriage, each acquires an equal proprietary share absent contrary agreement.
Family law – divorce – property division; Evidence Act – requirement that evidence be given on oath or affirmation; Matrimonial property – non-monetary and monetary spousal contributions create proprietary interests; Joint projects by spouses presumed to result in equal shares absent contrary agreement; Orders for independent valuation and buy-out option.
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16 April 2015 |
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Where statutory age difference for adoption is unmet, court appointed guardian under inherent powers in child’s best interests.
Children Act – Adoption – jurisdiction where applicant is non‑citizen (s.44(1)(b)) – statutory qualifications for adoption (age differential, fostering/residency, spouse consent, criminal clearance, PSWO/home‑study recommendations) – child’s consent where over 14 – welfare principle paramount (s.3 & First Schedule) – inability to grant adoption where age requirement unmet – court’s inherent/discretionary powers to appoint guardian to protect child’s best interests.
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14 April 2015 |
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Court dissolved a valid customary marriage for cruelty/desertion, awarded custody, maintenance and substantial property to the petitioner.
Family law – customary marriage validity (ceremony and bride price); applicability of Divorce Act to customary marriages post-constitution; matrimonial cruelty, desertion and adultery as grounds for dissolution; custody and maintenance best interests principle; division of matrimonial property and recognition of non-monetary spousal contributions; injunctive protection and return of unlawfully removed goods.
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10 April 2015 |
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Court dissolved a customary marriage for cruelty and desertion, awarded custody and maintenance to the petitioner, and divided matrimonial property.
Family law — customary marriage validated by bride-price and customary rites; Divorce — cruelty, desertion and adultery as grounds; Children — custody to primary caregiver and maintenance obligations; Matrimonial property — recognition of non-monetized spousal contributions and equitable distribution; Protective orders — injunctions and supervised access by probation officer.
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10 April 2015 |
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Respondent’s willful failure to file a true, timely inventory justified revocation of probate and appointment of the applicants as administrators.
Succession Act — s278 duty of executor/administrator to exhibit inventory and account within statutory periods; Inventory misrepresentation — material untruth as ground for revocation; Succession Act s234 — "just cause" for revocation of grant where willful omission or untrue inventory; Remedies — revocation of probate, grant of administration with will annexed, injunctions, accounts, damages; Courts’ inherent and judicature powers to fashion reliefs.
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9 April 2015 |
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Family Law
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2 April 2015 |
| March 2015 |
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Family Law
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23 March 2015 |
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Proceedings to remove a caveat are premature without the mandatory statutory notice under section 255; suit struck off.
Succession law – Section 255 Succession Act – mandatory notice to caveator before proceedings on a caveated petition; proceedings to remove caveat premature without statutory notice; service of removal proceedings does not substitute for statutory notice; consequent striking off of improperly filed suits and dependent applications.
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23 March 2015 |
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Family Law|Children
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18 March 2015 |
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Family Law|Children
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12 March 2015 |
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Family Law
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4 March 2015 |
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Family Law
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4 March 2015 |
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Divorce granted for respondent's desertion; custody awarded to petitioner as in child's best interests.
Family law – Divorce – Desertion as ground for divorce; animus deserendi; availability of all statutory grounds to both spouses; ex parte proceedings and burden of proof; welfare and best interests of the child; custody awarded to primary provider.
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3 March 2015 |
| February 2015 |
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Taxation order set aside where appellant denied fair hearing and taxing officer failed to apply Advocates' taxation rules.
* Constitutional and civil procedure – right to a fair hearing – party must receive adequate notice and opportunity to be represented at taxation hearings.
* Advocate–client costs – taxation – application of Advocates (Remuneration and Taxation of Costs) Regulations SI 267-4 – discretion fettered where rules are clear.
* Civil procedure – misjoinder – striking out improperly joined party in advocate–client taxation proceedings.
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10 February 2015 |
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Consent judgment upheld; parties must agree a court‑supervised distribution schedule and respondent must file final accounts.
• Civil procedure – Review of consent judgments – consent orders upheld unless procured by fraud, mistake, misapprehension or contrary to court policy; • Succession law – Revocation of letters of administration – appropriate relief under s.234 Succession Act where administrator omits to exhibit inventory or files untrue accounts; • Estate administration – court‑supervised distribution requires a consent distribution schedule agreed by beneficiaries before court endorsement; • Documentary evidence – uncertified photocopies lack sufficient authenticity for review applications; • Remedies – show‑cause, revocation proceedings or agreed revision of consent order, not unsupported review.
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3 February 2015 |
| January 2015 |
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Court granted interlocutory injunction preserving applicants’ possession pending challenge to letters of administration of the estate.
• Civil procedure – Temporary injunctions – criteria: pendency of suit, preservation of status quo, prima facie case, irreparable harm, balance of convenience; • Probate/administration – challenge to letters of administration; • Possession vs title – interlocutory preservation of possession pending substantive adjudication.
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27 January 2015 |
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Application to appoint foreign legal guardians and relocate a Ugandan child denied as not in the child's best interests.
Children Act – best interests of the child – First Schedule criteria (wishes, needs, effects of change); Guardianship – removal/relocation abroad; evidentiary sufficiency of Social Welfare Report; parental capacity to consent.
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21 January 2015 |