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

11 judgments

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11 judgments

Citation	Judgment date
November 2020
W H and Another v N E (Divorce Appeal No. 1 of 2019) [2020] UGHCFD 10 (30 November 2020) First appellate court affirms possession order for matrimonial property; res judicata and title-cancellation claims rejected. Divorce — Matrimonial property — Possession and protection of children’s interest; Res judicata — burden to prove former decree and inadmissibility of new evidence on appeal; Evidence — additional evidence on appeal permitted only in exceptional circumstances; Registration of title — distinction between orders for cancellation of title and possession/registration for protection of dependants' interests.	30 November 2020
July 2020
Galukande v Kibirige & Ors (Miscellaneous Application No. 261 of 2018) [2020] UGHCFD 8 (3 July 2020) Court ordered UGX 50,000,000 security for costs from the first respondent due to unclean hands and vexatious litigation. Civil procedure – security for costs – Order 26 Rule 1 CPR and Section 98 CPA; discretion exercised on pleadings and affidavits; plaintiff’s conviction for forgery and failure to pay taxed costs; unclean hands doctrine; requirement to deposit UGX 50,000,000 as security for costs.	3 July 2020
Kayhul v Kayhul (Divorce Cause No. 123 of 2016) [2020] UGHCFD 7 (3 July 2020) Divorce granted for desertion; petitioner awarded primary custody, equal share of land, and respondent ordered to pay maintenance and construction contribution. Family law – validity of church marriage – pleadings binding parties – desertion as ground for divorce (two years) – irretrievable breakdown – division of matrimonial property recognizing indirect contributions – custody, access and maintenance – contribution toward construction on matrimonial land.	3 July 2020
Kolya v Kolya (Civil Suit No. 150 of 2016) [2020] UGHCFD 4 (3 July 2020)	3 July 2020
Luyimbazi v Mukasa & Ors (Miscellaneous Application No. 351 of 2019) [2020] UGHCFD 6 (3 July 2020) Court declined consolidation and stayed the land suit pending determination of an application to revoke letters of administration. * Civil procedure – consolidation of suits – Order 11 rule 1 – consolidation inappropriate where causes of action differ. * Stay of proceedings – discretionary stay of land suit pending determination of revocation of letters of administration. * Probate/administration – effect of revocation/annulment of letters on related property litigation.	3 July 2020
June 2020
In Re: Matovu Mulubirizi & Ors (Miscellaneous Application No. 566 of 2017) [2020] UGHCFD 5 (26 June 2020) Court ordered respondents to return letters of administration to court to prevent alleged alienation and wasting of the estate. * Probate/Citation – application to recall/return letters of administration – supporting affidavit required; * Interim preservation – court power to order deposit of letters to prevent waste or alienation of estate; * Allegations of irregular grant, unlawful subdivision/transfers, removal of caveat and related criminal complaints justify interlocutory relief.	26 June 2020
Migadde v Musoke & Ors (Miscellaneous Cause No. 107 of 2017) [2020] UGHCFD 9 (26 June 2020) Consent judgment setting aside where it adjudicated a non‑party’s rights without affording opportunity to be heard. Civil procedure – Consent judgment – validity and setting aside where it affects rights of a non‑party who was not heard; consent decrees upheld unless affected by fraud, collusion, mistake or misapprehension; constitutional right to fair hearing (right to be heard) – judgments affecting non‑parties.	26 June 2020
March 2020
In Re: Trevor Mugumu (Child) (Family Cause No. 68 of 2019) [2020] UGHCFD 2 (17 March 2020) A 50% broker commission to monetize access to a public land fund is illegal and unconscionable and thus unenforceable. Commission agreements – public funds – illegality on public policy where access to a land fund is monetized; unconscionable contractual term – 50% broker commission unenforceable; alleged fraud/duress – high standard of proof required and not established.	17 March 2020
In the matter of an application for legal guardianship by Gabula Edward Kitamirike (Family Cause 4 of 2021) [2020] UGHCFD 11 (11 March 2020) Court granted father guardianship to enable land transactions on behalf of minors in their best interests. Children – Guardianship – Best interests of the child – Appointment of legal guardian to administer and transact minors’ land – Minors’ incapacity to transact – Court examination of children’s views – Transfer to third party recognised in sale agreement.	11 March 2020
Sahabo v Kaneza (Miscellaneous Application No. 524 of 2019) [2020] UGHCFD 3 (11 March 2020) Stay refused where no notice of appeal, applicant disobeyed custody orders, and child's welfare was paramount. * Civil procedure – stay of execution – requirements under Order 43 r.3 – necessity of a notice of appeal, demonstration of substantial loss, timely application, likelihood of success, and security. * Family law – child custody – welfare of the child paramount; compliance with court orders and access rights of the non-custodial parent. * Conduct of parties and counsel – failure to obey orders and attempts to frustrate execution undermine entitlement to interlocutory relief.	11 March 2020
February 2020
In the matter of a petition for adoption of Muwanguzi Jonathan & Kirungi Awesome (Infants) by Kerstin Maria Droll & Benedikt Thomas Droll (Adoption Cause 30 of 2020) [2020] UGHCFD 12 (26 February 2020) High Court authorized intercountry adoption after finding statutory requirements met and adoption to be in the children’s best interests. * Adoption law – intercountry adoption – High Court jurisdiction where applicants are non‑citizens; statutory eligibility for non‑citizen adoptive parents (age, residence, fostering, clearances, recommendations). * Children’s welfare – paramount consideration – bonding, stability, education and emotional needs. * Dispensing with parental consent where parents unknown/abandoned. * Recognition by foreign state and registration/administrative directions.	26 February 2020