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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.

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Makindye Chief Magistrates' Court at Mobutu Road .
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https://judiciary.go.ug/data/smenu/15/Family%20Division.html
7 judgments
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7 judgments
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November 2015
In Re: Nansubuga Jessica Katrina Kirabo (a minor) (Family Cause 002 of 2015) [2015] UGHCFD 45 (24 November 2015)
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.
 24 November 2015
Ssembatya & Anor v Eco Petro Uganda Limited (Miscellaneous Application No. 199 of 2015) [2015] UGHCFD 43 (23 November 2015)
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).
 23 November 2015
Mallinga v Obukunyang (HCT-04-CV-CS-0013-2013) [2015] UGHCFD 39 (13 November 2015)
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).
 13 November 2015
Nakayima v Najjemba & Ors (Civil Suit No. 36 of 2005) [2015] UGHCFD 40 (11 November 2015)
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.
 11 November 2015
Muyanja Kafeero v Ssemuyinde (Civil Suit No. 126 of 2013) [2015] UGHCFD 47 (10 November 2015)
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.
 10 November 2015
In Re: Aleper (infant) (Family Cause 08 of 2015) [2015] UGHCFD 39 (9 November 2015)
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.
 9 November 2015
In Re: Okoche (infant) (Family Cause 09 of 2015) [2015] UGHCFD 38 (9 November 2015)
Family Law
 9 November 2015