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Citation
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Judgment date
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| December 2018 |
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Court refused security for costs, finding a prima facie case and ordering the suit to proceed and be fast‑tracked.
* Civil procedure – security for costs – test: prima facie assessment on pleadings and affidavits at interlocutory stage. * Balance between protection from non‑recoverable costs and access to justice. * Allegations of fraud and disputed documents may defeat an application for security if a prima facie case is shown. * Remedy: decline security and fast‑track substantive hearing where merits are arguable.
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19 December 2018 |
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10 December 2018 |
| November 2018 |
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Court adjudged the patient of unsound mind and appointed the applicant as manager with bond, restrictions and reporting duties.
* Mental health law – person of unsound mind – inquiry by High Court absent prior reception order under Mental Treatment Act
* Administration of Estates of Persons of Unsound Mind – appointment of manager – suitability and patient’s wishes
* Managerial conditions – bond requirement, restrictions on dealing with immovable property and investments
* Reporting obligations – inventory within three months and annual accounts
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15 November 2018 |
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Court granted interim injunction restraining administrator from dealing with estate pending revocation claim due to prima facie case.
Civil procedure – interim injunctions – Order 41 CPR – preservation of status quo pending suit challenging letters of administration – prima facie case, irreparable harm, balance of convenience.
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12 November 2018 |
| October 2018 |
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Court partially set aside taxed bill, expunging unsupported items while upholding reasonable instruction fee.
Advocates’ costs — Taxation of costs under Advocates (Remuneration and Taxation of Costs) Regulations; When appellate court may interfere with taxing officer’s discretion; Validity of taxing master’s signed handwritten ruling despite unsigned typed copy; Instruction fees — filing pleadings constitutes proof of instructions; Requirement of supporting documents/affidavit of service for taxation items; Expungement of unsupported items.
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31 October 2018 |
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Court refused to vacate caveat and declined transfer, directing Administrator General to manage and wind up the intestate estate.
Land law – caveat – vacation of caveat requires presence/joinder of caveator; Intestate estates – transfers of beneficial interests require a valid administrator; Court power – cannot order transfer where estate administration is unresolved; Administrator General – duty to take over management and wind up intestate estates.
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24 October 2018 |
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A non‑citizen who fostered an abandoned child may be granted adoption when it serves the child’s best interests and local clearance suffices.
Adoption law – welfare of the child paramount; inter‑country adoption – statutory prerequisites for non‑citizen adopters; discretion to waive foreign recommendation where strong local supervision and recommendations exist; parental consent dispensed with where parents unknown; fostering under probation supervision.
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16 October 2018 |
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Adoption by foreign nationals permitted where abandoned children’s welfare is best served and statutory requirements are satisfied or waived.
Children Law – Adoption – Inter‑country adoption by non‑citizens in exceptional circumstances; waiver of statutory residence/fostering requirements; best interests/welfare of the child; abandoned children; probation officer supervision; home‑study and criminal clearances.
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11 October 2018 |
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Triable dispute over intestate family land existed but applicants failed to prove irreparable harm; injunction refused.
Temporary injunctions – interlocutory relief – prima facie case, irreparable harm and balance of convenience – intestate estate – absence of letters of administration – conversion of kibanja to registered sole title – disputes over family land and bibanja transactions.
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8 October 2018 |
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2 October 2018 |
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Court authorised adoptive parents to add their family surname to adopted children, prioritising children's welfare and requiring a court order.
Adoption law; change of name of adopted children — court order required; Children Act welfare principle — child's best interests paramount; factors in deciding name changes (length of use, parental relationships, identification with family unit, child's wishes, consent of those with parental responsibility); obligation of NIRA and Registrar to update records on court order.
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2 October 2018 |
| September 2018 |
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Foreign prospective adoptive parents met statutory requirements and adoption was granted as in the child’s best interests.
Children Act — Adoption — eligibility of foreign prospective adoptive parents who have fostered a Ugandan child under supervision (s.46); Welfare principle and factors to consider in adoption (s.3); Parental consent and supervisory reports; Home study and police clearances as evidence of suitability.
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27 September 2018 |
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Biological mother appointed guardian of two minors; bond and strict restrictions imposed on management of children’s estate.
* Children law – Guardianship – Appointment of biological parent as legal guardian – Welfare principle and best interests of the child; * Guardianship – Management of minors’ estate – requirement of non-cash bond as security; * Guardianship – Restrictions on disposal, leasing and investment of minors’ immovable property without court consent; * Civil procedure – Ex-parte application under Children Act and Judicial powers to impose conditions on guardians.
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25 September 2018 |
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Inter‑country prospective adopters met statutory requirements and consent; adoption granted as being in the child’s best interests.
Children Act – adoption – eligibility and inter‑country adoption requirements (s.45, s.46) – foster placement and care order – home study and police clearances – consent of biological parent and relatives – welfare principle and best interests of the child (s.3).
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25 September 2018 |
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Applicants may cure affidavits commissioned by a struck-off advocate; clients are protected by s.14A of the Advocates Act (2002).
Advocates Act (Amendment) 2002 s.14A – client protection; validity of documents sworn before an advocate struck off the roll; Commissioner for Oaths authority; remedy by curing defective affidavits rather than dismissal.
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19 September 2018 |
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Adoption granted where applicants met statutory inter-country requirements and adoption served the child’s best interests.
Children law – Adoption – Inter-country adoption requirements under the Children Act – residence and fostering periods, police good conduct certificates, social welfare recommendation – welfare principle and best interests of the child – appointment of adoptive parents and registration of adoption.
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17 September 2018 |
| August 2018 |
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Court permits intercountry adoption by long-term resident petitioners, waiving home-country recommendation and dispensing maternal consent due to incapacity.
* Children law – adoption – welfare of the child paramount; best interests assessment. * Intercountry adoption – exceptional circumstances; section 46 requirements and waiver under section 46(14). * Parental consent – dispensing where biological parent is mentally incapable. * Eligibility – fostering period, age/residence criteria, police clearance, probation and social welfare reports. * Administrative directions – birth registration, adoptive entries, consular and ministerial notification.
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24 August 2018 |
| July 2018 |
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A biological parent may be appointed guardian to mortgage minors' land where doing so is in the children's best interests.
Guardianship — appointment of biological parent to administer and mortgage land registered in minors' names — welfare principle under Children Act paramount — High Court jurisdiction and inherent powers — administration of child's property.
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11 July 2018 |
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Inter-country adoption refused where petitioners failed statutory residence and fostering requirements, bond formation, and documentation safeguards.
Adoption law – Inter-country adoption – statutory requirements under S.46 (residence and one-year foster requirement) – best interests of the child – evidentiary and procedural safeguards (home study, parental consent, accurate birth records, medical evidence, public notice) – role of probation and social welfare officer – protection of vulnerable birth parents.
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11 July 2018 |
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Court refused international adoption for failing residency/fostering requirements and due to documentary and procedural defects.
Children law – Adoption – Inter-country adoption – compliance with s.46 (one-year residency and one-year fostering under supervision) – best interests of the child – evidentiary requirements (birth certificates, medical reports) – consent of parents – notice to absent fathers – representation for vulnerable biological parents.
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9 July 2018 |
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Applicants, as foreign residents, satisfied statutory adoption requirements and adoption was ordered as being in the infant's best interests.
Adoption law – statutory requirements under ss45 & 46 – foreign nationals adopting Ugandan child – residency and one‑year fostering under probation supervision – good conduct and competent authority recommendation – child’s welfare as paramount consideration under s3 – registrarial and consular formalities.
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5 July 2018 |
| June 2018 |
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A court allowed a foreign applicant to adopt an abandoned child, waiving the 12-month physical fostering requirement as being in the child’s best interests.
* Children Act – Adoption by non-citizen – statutory prerequisites under s.45 and s.46 – home study, PSWO recommendation, absence of criminal record, recognition by petitioner’s country. * Adoption procedure – locating parents – sufficiency of efforts to trace and reunite. * Best interests of the child – waiver of 12-month physical fostering requirement in exceptional circumstances.
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13 June 2018 |
| May 2018 |
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Second appellate court restored custody to the applicant after finding the first appellate court mis-evaluated evidence and erred on domicile and welfare.
Family law – custody of children – appellate review – duty of second appellate court to re-evaluate evidence where first appellate court failed; domicile – domicile by choice vs. citizenship; child welfare paramount over parental financial comparison; inadmissible reliance on unsupported findings of temperament.
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31 May 2018 |
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Grant of guardianship to an extended-family applicant found to be in the children’s best interests with social welfare support.
* Children law – Guardianship – Application under s.43B of the Children Act – High Court jurisdiction.
* Guardianship – Statutory conditions under s.43 (age, fitness, welfare, family relationship, social welfare assessment).
* Best interests of the child – paramount consideration; weight of children’s own views where aged 12 and above.
* Consequential directions – registration with URSB and NIRA; duration until majority.
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15 May 2018 |
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Court declared a long-missing person presumed dead based on prolonged absence and corroborating police and local evidence.
Presumption of death; Registration of Persons Act s.47(2); sufficiency of evidence for presumption (prolonged absence, police report, newspaper notice, family and local council attestations); Civil Procedure Act s.98 and Order 52 Rules 1 & 2; effect of court declaration as equivalent to death certificate.
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8 May 2018 |
| April 2018 |
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Court granted applicant limited legal guardianship to manage minors' land in their best interests.
Legal guardianship – jurisdiction to entertain guardianship applications – welfare of the child paramount – management and administration of minors' land – minors inability to contract – guardianship limited to property administration for best interests.
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19 April 2018 |
| March 2018 |
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22 March 2018 |
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Court granted inter-country adoption, waiving the 12‑month foster requirement as being in the child’s best interests.
Children law – Inter-country adoption – statutory requirements (age, residency, foster period, criminal clearance, country recognition) – court’s discretion to waive foster-care period in exceptional circumstances – paramountcy of the child’s welfare – registration and issuance of adoption certificate.
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22 March 2018 |
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Decree nisi granted where respondent deserted, committed adultery and inflicted cruelty, resulting in irretrievable breakdown.
* Divorce — Validity of civil marriage — proof by marriage certificate.
* Divorce — Grounds: adultery, actual desertion and cruelty — proof and effect.
* Divorce — Irretrievable breakdown as overall test; conduct and cohabitation as indicators.
* Civil procedure — Service (including email) and undefended petitions — admissions and ex parte relief.
* Constitutional context — Equal availability of Divorce Act grounds to both spouses after S.4 declared unconstitutional.
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20 March 2018 |
| January 2018 |
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Court allowed intercountry adoption, waiving residency/foster requirements and ordering an open adoption in the child's best interests.
* Children Law – Adoption – intercountry adoption – exceptional circumstances to waive residency and one‑year fostering requirement.
* Child welfare – paramountcy of best interests – urgent medical need and permanence requirements.
* Parental consent and capacity – biological parents’ inability to care for child.
* Court powers – inherent jurisdiction to order open adoption arrangements despite statutory framework.
* Orders – registration, issuance of adoption certificate, extinguishment and vesting of parental rights.
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19 January 2018 |