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12 judgments found.
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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
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
A defective will disposing of matrimonial property rendered Letters of Administration valid; widow retains administration but must inventory and distribute estate.
Succession law — validity of testamentary dispositions — matrimonial property — capacity to bequeath matrimonial home — Letters of Administration without annexed will where will is defective — administrator's duty to file inventory and account and to distribute estate.
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
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
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
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
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
Court appointed the biological father guardian to enable lawful land transfer on behalf of minors, prioritising the children's best interests.
Family law — Guardianship — Appointment of legal guardian to transact land on behalf of minors — Best interests of the child paramount
Property law — Minors' capacity — Minors cannot execute land transfers and require guardianship for administration and transfer of their property
Children — Welfare and wishes — Court to consider child's welfare and, where appropriate, child's views under Children Act s3 and s43F(1)(e)
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
High Court approved intercountry adoption by German petitioners after finding statutory requirements met and adoption in children’s best interests.
Family law — Adoption
— Inter‑country adoption by non‑citizens — Jurisdiction of High Court under s44(1)(b) of the Children Act
— Eligibility of non‑citizen adoptive parents — Age, residence, supervised fostering, clearances and foreign recognition (ss45–46)
— Best interests of the child and dispensing parental consent where parents are unknown — Welfare principle and prohibition of consideration for adoption (ss3, 47, 48)
26 February 2020