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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


March 2017
Baguma v Mbabazi (HCT – 00 – CV – CA – NO. 003 OF 2016) [2017] UGHCFD 4 (23 March 2017) Appellate court upheld award of custody to the respondent based on children’s welfare and dismissed procedural unfairness claim. Family law — Children — Custody and welfare principle — Consideration of child’s wishes, parental conduct and best interests Civil procedure — Right to fair hearing in family proceedings — Cross‑examination where counsel present but no application made at hearing Family law — Shelter and custody — Court ordering restoration of children to family home and eviction of party on welfare grounds	23 March 2017
In Re: Khalid Latiff (Person of unsound mind) (Civil Miscellaneous Application No.026 of 2017) [2017] UGHCFD 2 (21 March 2017) Application to appoint estate manager dismissed for failure to follow mandatory judicial inquiry and medical-certification requirements. Mental health/Administration of estates — Persons of unsound mind — Requirement of prior adjudication under the Mental Treatment Act — Mandatory magistrate inquiry and dual medical certificates Civil procedure — Appointment of manager of estate — Evidence sufficiency for adjudication of unsound mind — Single medical report inadequate	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 at the original lower court; the Chief Magistrate lacked jurisdiction and appeal dismissed. Civil procedure — Subordinate courts — Retrial jurisdiction — Whether a retrial ordered on appeal may be heard by the appellate court or must be held in the original court of first instance — Magistrates' Courts Act/CPA — Transfer of suits — Power of subordinate courts to transfer or reallocate files — Limits on Chief Magistrate's authority; High Court preserves transfer power	3 March 2017
Abdala v Agony (Miscellaneous Civil Application No. 0067 of 2016) [2017] UGHCFD 3 (2 March 2017) Post-judgment enforcement taken without joining a deceased defendant’s legal representatives is null and set aside. Civil procedure — Death of defendant — Joinder of legal representatives — Post-judgment proceedings without joinder are nullity — Review — Error apparent on the face of the record — Order 46(1) Civil Procedure Rules	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) Court ordered appointment of three co‑administrators, amendment of the grant, and held the applicant liable for costs. Succession law — Administration of estate — Appointment of co‑administrators — Replacement of deceased administrators and amendment of grant Civil procedure — Originating summons — Procedure under Order 37 for determination of questions in probate administration	2 March 2017