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 .
3 judgments
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3 judgments
Citation
Judgment date
January 2015
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.
27 January 2015
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.
21 January 2015
Court reviewed guardianship despite earlier falsehoods and, prioritising the child's welfare, confirmed guardianship in applicants' favour.
Children — Guardianship review — Welfare principle paramount; court may review guardianship where prior proceedings were based on misleading information; DNA and parental consent admissible and relevant; assessment of parents’ capacity and probation officer’s report critical; inherent and procedural powers (Civil Procedure Act ss.98,100) permit amendment to secure ends of justice.
12 January 2015