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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
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8 judgments
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Judgment date
April 2015
In Re: Emayo (an Infant) (Family Cause 01 of 2015) [2015] UGHCFD 11 (20 April 2015)
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.
 20 April 2015
Kalule v Nassozi (Misc. Aplic.No. 25 of 2015) [2015] UGHCFD 12 (20 April 2015)
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.
 20 April 2015
Kana v Ezatiru (Civil Appeal No. 0013 of 2013) [2015] UGHCFD 4 (16 April 2015)
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.
 16 April 2015
In Re: Kakembo(infant) (Family Cause No 169 of 2014) [2015] UGHCFD 210 (14 April 2015)
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.
 14 April 2015
Namukasa v Kakondere (Divorce Cause 30 of 2010) [2015] UGHCFD 211 (10 April 2015)
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.
 10 April 2015
Namukasa v Kakondere (Divorce Cause No. 30 of 2010) [2015] UGHCFD 49 (10 April 2015)
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.
 10 April 2015
Wakayinja & 2 ors v Babirye (Civil Suit No.89 of 2014) [2015] UGHCFD 9 (9 April 2015)
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.
 9 April 2015
In Re: Kirabo(infant) (Adoption Cause No 205 of 2014) [2015] UGHCFD 208 (2 April 2015)
Family Law
 2 April 2015