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 .
5 judgments
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5 judgments
March 2017
Family court custody decision upheld: welfare principle and informal procedure supported mother’s custody and eviction order.
Family law – Custody of children – Welfare principle paramount; informal procedure in children’s proceedings; right to cross-examine; jurisdiction to order return to family home/shelter in custody proceedings; visitation rights
23 March 2017
Application to adjudge unsound mind and appoint estate manager dismissed for failure to follow mandatory judicial inquiry.
Administration of Estates of Persons of Unsound Mind
Mental Treatment Act — mandatory judicial inquiry; requirement of two court-appointed medical certificates (one registered); insufficiency of sole psychiatric report; premature/incompetent application
21 March 2017
A retrial must be held at the original court of first instance; a Chief Magistrate cannot retry or transfer the case without High Court authority.
Procedure — Jurisdiction of subordinate courts — Retrial ordered on appeal must be conducted at original court of first instance — Territorial and pecuniary limits — Subordinate courts lack power to transfer cases between themselves; transfer power lies with the High Court
3 March 2017
Post-judgment proceedings (taxation/execution) conducted without joining a deceased party's legal representatives are a nullity.
Civil procedure – Death of a party – Need to bring legal representatives on record before post-judgment proceedings – Post-judgment taxation and execution without joining estate nullity – Review under Order 46 rule 1 (error apparent on face of record)
2 March 2017
Court appointed proposed relatives as co-administrators, ordered amendment of the grant, and directed applicant to pay costs.
Succession law – appointment of co-administrators; amendment of grant of administration; originating summons under Order 37; reliance on affidavits, declarations and death certificates
2 March 2017