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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.

Physical address
Makindye Chief Magistrates' Court at Mobutu Road .
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https://judiciary.go.ug/data/smenu/15/Family%20Division.html
8 judgments
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8 judgments
Citation
Judgment date
July 2016
Nabanjala v Nabukalu (Miscellaneous Application No. 250 of 2015) [2016] UGHCFD 17 (15 July 2016)
Registry misplacement excused late service; preliminary objection overruled and no order as to costs.
Civil procedure — service of summons — Order 5 r.1(2) CPR — 21-day service requirement and extension; registry misplacement of court file — delay caused by court excusing non-compliance; preliminary objection — requirement to plead grounds — objection found pleaded; omission of court not to be visited on litigant; preliminary point overruled, no costs.
 15 July 2016
Chandira v Asiku (Miscellaneous Civil Application No. 0011 of 2014) [2016] UGHCFD 37 (14 July 2016)
Ex-parte judgment entered without proof of service and before an apparently biased magistrate was set aside; retrial ordered.
Civil procedure – Revision under s.83 Civil Procedure Act – ex parte judgment – requirement of affidavit/proof of service – service by co-defendant not effective – appearance of bias/recusal principles – material irregularity and miscarriage of justice – retrial ordered.
 14 July 2016
Drani & Ors v Omara & Ors (Miscellaneous Application No 289 of 2015) [2016] UGHCFD 23 (14 July 2016)
Court allowed joinder of purchasers as co-defendants where cancellation of estate transactions would affect their interests.
* Civil procedure – Joinder of parties – O.1 r.10(2) CPR – Party may be joined where presence is necessary for effectual and complete adjudication, not only where a cause of action exists. * Executors/administrators and third-party purchasers – Cancellation of estate transactions may affect purchasers’ titles – purchasers should be joined to avoid multiplicity of suits. * Bona fide purchaser/possession – Status does not automatically preclude joinder; affected parties entitled to be heard. * Relief – Joinder allowed; costs in the cause.
 14 July 2016
In Re: Adriko Reuben(a Minor) (Miscellaneous Civil Application No. 0008 of 2016) [2016] UGHCFD 10 (13 July 2016)
Family Law
 13 July 2016
In Re: Application for Legal Guardianship by Michale Cane, Jr. and Laura Jean Icardi (Family Cause No 02 of 2016) [2016] UGHCFD 11 (13 July 2016)
Court granted legal guardianship to foreign applicants, applying pre‑amendment law and finding it in the child’s best interests.
Family law – Guardianship of abandoned child – Jurisdiction of High Court – Non‑retrospective application of Children (Amendment) Act 2016 – Best interests of the child paramount – Appointment of foreign guardians and authorization to travel to complete adoption with registration and reporting conditions.
 13 July 2016
Mukasa v Nansikombi & Anor (Miscellaneous Application No 196 of 2015) [2016] UGHCFD 20 (8 July 2016)
Application dismissed because the power of attorney neither authorised litigation nor was duly executed under s148.
* Powers of Attorney – scope and construction – authority to litigate must be expressly granted by the instrument. * Registration of Titles Act s148 – instruments executed by mark require attesting-witness certificate in prescribed form; absence renders instrument not duly executed. * Civil procedure – competency of application – defective authority and execution of enabling instrument renders application incompetent.
 8 July 2016
In Re: An application for Revocation of Letters of Administration and Grant Instead to Piwa Clare and Biywaga Joan (Miscellaneous Civil Application No. 0053 of 2016) [2016] UGHCFD 8 (1 July 2016)
Grant revoked as inoperative after death of a joint administrator; fresh grant issued to surviving administrators.
Succession law – Revocation of letters of administration – Inoperative grant due to death of joint administrator – Power under Succession Act s234(2)(d) – Fresh grant to surviving administrators – No need to re-prove previously established matters.
 1 July 2016
In Re: the Estate of the Late Javuru Apollo Micheal (Deceased) (Miscellaneous Civil Application No. 0053 of 2016) [2016] UGHCFD 7 (1 July 2016)
Court revoked joint letters of administration after a co-administrator’s death and issued a fresh grant to surviving administrators.
Succession law – Revocation of letters of administration where a joint administrator dies – Grant becomes inoperative – Death certificate as sufficient proof – Fresh grant to surviving administrators without re-proving established matters.
 1 July 2016