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 .
3 judgments
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3 judgments
Citation
Judgment date
May 2018
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.
31 May 2018
High Court grants guardianship under the Children Act where applicant meets statutory conditions and the children’s best interests.
Children Act (s.43, s.43
B) – Guardianship – Jurisdiction of High Court to hear guardianship applications – Statutory conditions for grant of guardianship – Best interests of the child – Social welfare assessment – Registration of guardianship orders (URSB, NIRA)
15 May 2018
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.
8 May 2018