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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
5 judgments
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5 judgments
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June 2016
Babumba & Ors v Babumba (Miscellaneous Application No. 310 of 2015) [2016] UGHCFD 16 (28 June 2016)
A review application failed because no error apparent on the face of the judgment barred the respondent’s reappointment as administrator.
* Civil procedure – Review – Order 46 r.1/Section 82 – Review permitted for error apparent on the face of the record or other sufficient cause. * Probate/Administration – Revocation of letters of administration – Court may order beneficiaries to select administrators; absence of explicit bar on former administrator is not automatically an error. * Civil procedure – Affidavit capacity – Power of attorney authorises agent to depose for a party. * Civil procedure – Slip rule (s.99 Civil Procedure Act) appropriate for correcting clerical/omission errors arising from parties' joint documents. * Civil procedure – Appeal vs review – letters requesting record do not prove that an appeal has been filed.
 28 June 2016
Kayondo & Ors v The Administrator General & Anor (Miscellaneous Application No. 27 of 2016) [2016] UGHCFD 18 (28 June 2016)
Court recalled a consent judgment due to non-disclosure of a lease and struck out an unauthorised affidavit, ordering remedy within two months.
* Civil procedure – recall and review of consent judgments on grounds of non-disclosure and misrepresentation; * Evidence – competency of affidavits sworn by advocates on behalf of parties without written authority; * Remedies – recall of consent orders and directions to identify substitute property; * Costs – sanction against respondent whose defective affidavit was struck out.
 28 June 2016
Serwadda & Ors v Nakiyamu Anor (Civil Suit No. 31 of 2013) [2016] UGHCFD 19 (28 June 2016)
Alleged advocate conflict failed because the former plaintiff never instructed the advocate, so no prejudice arose.
Advocates' professional conduct — conflict of interest; former client — instructions required before acting (rule 2(1)); duty not to act against former client (rule 4); confidentiality (rule 7); fiduciary conduct (rule 10); misrepresentation to court; preliminary objection overruled.
 28 June 2016
Isumba v Bulya (Miscellaneous Application No. 170 of 2014) [2016] UGHCFD 13 (13 June 2016)
Court nullified a former administrator’s purported inventory and account where letters were revoked and no review was sought.
Administration of estates – revocation of letters of administration – validity of inventory and accounts filed by former administrator – duty to seek review under Order 46 CPR – inherent powers of court (s.98 CPA) and jurisdiction under s.14 Judicature Act to nullify improper administration; fraud allegations require oral evidence.
 13 June 2016
Nazziwa v Nyombi & Anor (Civil Suit No.40 of 2013) [2016] UGHCFD 15 (10 June 2016)
Forgery of letters of administration renders land registration void; sole surviving child entitled to administration and entitled to cancellation, eviction, injunction and damages.
Succession law – entitlement to letters of administration – sole surviving child versus grandchild; Registration of Titles Act, s.77 – certificates procured by fraud are void; Forged letters of administration – effect on land registration; Remedies – cancellation, rectification, injunction, eviction and damages.
 10 June 2016