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
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 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
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