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Citation
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Judgment date
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| December 2017 |
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Court appointed the mother legal guardian to protect minors’ estate and welfare under the Children Act and best-interests principle.
Children law – Appointment of legal guardian – Best interests of the child – Evidence of parentage and custody (birth certificates, death certificate, LC1) – Protection of minors’ interests in deceased parent’s estate.
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19 December 2017 |
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Court granted temporary injunction preserving undistributed estate assets pending adjudication of contested administration.
* Civil procedure — Temporary injunctions — Requirements: prima facie case, irreparable harm, balance of convenience; preservation of status quo pending main suit.
* Probate/administration — Alleged fraudulent procurement of letters of administration and contested administration acts (processing leases, compensation, pension/gratuity).
* Equitable relief — Interim preservation of undistributed estate assets to prevent potential appropriation pending adjudication.
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7 December 2017 |
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5 December 2017 |
| November 2017 |
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Court appointed the biological father guardian and required a UGX 5,000,000 non‑cash bond plus restrictions to protect the child’s property.
* Children Act — guardianship — appointment of parent as legal guardian — welfare principle and best interests of the child. * Jurisdiction — forum — guardianship application may be heard where applicant and child reside despite property being registered in another circuit. * Protection of child’s estate — requirement of non‑cash bond and restrictions on disposal, mortgage, lease and investment. * Parental fitness — factors considered: sound mind, ability to provide care, absence of conflict of interest.
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28 November 2017 |
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Family Law
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22 November 2017 |
| October 2017 |
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27 October 2017 |
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Magistrate wrongly dismissed divorce after decree nisi; High Court reinstated proceedings and ordered property-distribution hearing.
* Family law – dissolution of customary marriages – jurisdiction of magistrates’ courts to dissolve customary marriages. * Civil procedure – revision under s.83 Civil Procedure Act – exercise where court acted without jurisdiction or with material irregularity. * Divorce procedure – effect of issuance of decree nisi and procedure for resolving outstanding matrimonial property issues prior to decree absolute.
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5 October 2017 |
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Court allowed amendment and joinder to determine disputed land title and avoid multiplicity of suits.
Civil procedure – Amendment of pleadings and joinder of parties – Order 6 r.19 and Order 1 r.10(2) CPR – Test: necessity for adjudication, avoidance of multiplicity, absence of injustice or mala fides – Adding party even if no direct cause of action where presence is necessary.
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4 October 2017 |
| August 2017 |
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14 August 2017 |
| June 2017 |
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High Court grants adoption where statutory criteria are satisfied and adoption is in the child's best interests.
Adoption — Jurisdiction of High Court where applicant is non‑citizen; statutory qualifications for adoptive parents (age, age gap, residency, fostering under PSWO); dispensation of parental consent where parents unknown; best interests/welfare principle paramount; PSWO recommendation and good‑conduct certificates as evidence of suitability; recognition of adoption for consular/foreign purposes.
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6 June 2017 |
| May 2017 |
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Court appointed the applicant manager of an adjudged person of unsound mind, finding substituted decision-making necessary and imposing bond and reporting conditions.
Administration of Estates of Persons of Unsound Mind Act – standard for 'unsound mind' and incapacity – substituted decision-making vs supported decision-making (UNCRPD Article 12) – appointment of relative as manager – bond/security and restrictions on disposition of estate – duties: inventory and annual accounts.
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5 May 2017 |
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A Deputy Registrar has no power to review her own order; such reviews are nullities and are set aside.
Civil Procedure — Powers of Registrars — Order 50 CPR; Registrar has no power to review or vary own orders — aggrieved party’s recourse is appeal under O.50 r.8; purported review without jurisdiction is a nullity — custody order reinstated.
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2 May 2017 |
| April 2017 |
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Administrators may use originating summons to remove caveats on estate property when caveator lacks legal interest; costs awarded.
Estate administration – originating summons (O.37 r.1) – competence for simple questions arising from administration; Caveats – removal where property is part of deceased’s estate and caveator lacks legal interest; Locus – caveator cannot restrain duly appointed administrators absent legal interest; Civil Procedure – technical defects in rule citation curable.
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10 April 2017 |
| March 2017 |
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Informal family‑court procedure and children’s welfare justified awarding custody to the respondent and dismissing the appeal.
* Family law – Custody – Welfare of the child paramount – Court may consider children’s wishes, parental capacity and conduct.
* Procedural fairness – Right to cross-examine – Where counsel attends but does not seek cross-examination at trial, objection raised on appeal may fail.
* Family proceedings – Informal procedure – Affidavits and limited oral testimony permissible.
* Shelter orders – Court may make orders for children’s residence in family proceedings where welfare and facts justify such relief.
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23 March 2017 |
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Appointment of a manager requires prior statutory adjudication of unsoundness and cannot rest on a single medical report.
* Administration of Estates of Persons of Unsound Mind – appointment of manager – requires prior adjudication of unsound mind under Mental Treatment Act; * Mental Treatment Act – mandatory judicial inquiry by magistrate, personal observation/interview, and two medical certificates (one registered practitioner); * Evidentiary sufficiency – a sole medical report does not satisfy statutory inquiry requirements; * Procedural competence – applications for appointment of a manager are premature if statutory adjudication has not occurred.
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21 March 2017 |
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A retrial ordered on appeal must be held in the original lower court; the Chief Magistrate lacked jurisdiction to retry or transfer the case.
* Civil procedure – Jurisdiction – Retrial ordered on appeal – retrial must be before the original lower court and competent magistrate. * Subordinate courts – Transfer and allocation – Chief Magistrate lacks power to transfer a suit to another subordinate court; transfers require High Court authority. * Magistrates’ jurisdiction – Territorial and pecuniary limits; lack of jurisdiction renders decision a nullity.
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3 March 2017 |
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Post‑judgment steps taken after a party's death without joining legal representatives are null and set aside.
Civil procedure — Death of a party — Necessity to join legal representatives to record for post‑trial/post‑judgment matters; Review (Order 46 r.1) — error apparent on the face of the record; Post‑judgment taxation and execution — proceedings without joining estate representatives are nullities.
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2 March 2017 |
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Applicant’s request to add co‑administrators granted; grant amended and applicant ordered to pay costs.
Probate and succession – appointment of co‑administrators – amendment of grant of administration – sufficiency of affidavits, sworn declarations and death certificates as evidence – originating summons procedure under Judicature/Civil Procedure rules.
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2 March 2017 |
| February 2017 |
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Family Law
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17 February 2017 |
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Family Law
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10 February 2017 |