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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
4 judgments
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4 judgments
Citation
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December 2015
Buye & Ors v Ssenyange (Miscellaneous Cause No. 15 of 2015) [2015] UGHCFD 44 (14 December 2015)
Family Law
 14 December 2015
Wameli & Co Advocates v The Administrators of the Late Sir Daudi Chwa II & Ors (Miscellaneous Application No 278 of 2015) [2015] UGHCFD 46 (14 December 2015)
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).
 14 December 2015
In The Matter of Rwothmio Damian(Infant) (HCT – O8 – CV – FC – 0002 OF 2015) [2015] UGHCFD 5 (10 December 2015)
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.
 10 December 2015
Tibenderana James v Reem al Torki (Miscellaneous Application No. 15 of 2013) [2015] UGHCFD 42 (3 December 2015)
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.
 3 December 2015