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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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March 2017
Baguma v Mbabazi (HCT – 00 – CV – CA – NO. 003 OF 2016) [2017] UGHCFD 4 (23 March 2017)
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.
 23 March 2017
In Re: Khalid Latiff (Person of unsound mind) (Civil Miscellaneous Application No.026 of 2017) [2017] UGHCFD 2 (21 March 2017)
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.
 21 March 2017
Obbo v Onyango & Ors (HCT-04-CV-CA-0130-2012) [2017] UGHCFD 7 (3 March 2017)
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.
 3 March 2017
Abdala v Agony (Miscellaneous Civil Application No. 0067 of 2016) [2017] UGHCFD 3 (2 March 2017)
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.
 2 March 2017
In the Matter of the Estate of the Late L. Kamugungunu (Originating Summons No. 05 of 2016) [2017] UGHCFD 8 (2 March 2017)
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.
 2 March 2017