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Citation
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Judgment date
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| December 2021 |
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Applicant granted substituted service, fresh summons and costs where respondent obstructed or refused personal service.
* Civil procedure – substituted service – Order 5 Rule 18 CPR – when personal service is obstructed or refused.
* Service – procedure where defendant refuses to acknowledge receipt – return of service and examination of process server (Order 5 Rules 15 and 17).
* Fair hearing – Article 28 – balancing notice requirements with practicality of effecting service.
* Relief – fresh summons, substituted service, leave to serve out of time, costs.
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3 December 2021 |
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3 December 2021 |
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An administrator or beneficiary may sue to protect an undivided estate without Order 1 Rule 8 written authority.
Succession Act s.272 – administrators' powers; Legal representative – grant of letters of administration; Civil Procedure Order 1 r.8 – representative actions and written authority; Beneficiaries' locus to sue to preserve undivided estate; Competence of suits by administrator/beneficiary to protect estate.
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3 December 2021 |
| November 2021 |
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30 November 2021 |
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30 November 2021 |
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Court set aside decree nisi and related orders issued without trial, reinstating divorce for full merits hearing.
Family law – setting aside orders – decree nisi issued without trial; property orders based on statements at the bar lacking evidentiary basis; non-appearance excused by medical/hospitalisation – dismissal for want of prosecution set aside; reinstatement of divorce for merits hearing.
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29 November 2021 |
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26 November 2021 |
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Where the deceased dies intestate, the surviving spouse has priority to determine burial absent a proven contrary will.
Burial rights – priority of surviving spouse where deceased dies intestate; Succession Act and Administrator General procedures; customary (Baganda/Ndiga) burial practices not absolute and may be displaced by deceased's ascertainable wishes or marital rights; grant of Letters of Administration and requirement of administration bond; courts to apply equity and protect non‑discriminatory marital rights.
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23 November 2021 |
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19 November 2021 |
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19 November 2021 |
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6 November 2021 |
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1 November 2021 |
| October 2021 |
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Widow holds proprietary rights over former Plot 200; administrator not generally guilty of mismanagement but must remedy specific wrongs; plaintiffs trespassed.
Succession law – matrimonial property v. estate property – Proprietary rights of surviving spouse; Administrator’s duties and accountability; Intermeddling/trespass on estate land; Adequacy of inventory and family resolution for redistribution; Remedies — restitution, monetary compensation, vacant possession, demolition (limited).
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4 October 2021 |
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Applicant’s hospitalisation constituted sufficient cause to extend time to file a defence; ex parte order set aside.
* Civil procedure – extension of time to file defence – sufficient cause – hospitalisation as cause; * Section 98 Civil Procedure Act – inherent jurisdiction to prevent injustice; * Factors for extension: length of delay, reason, prospects of success, prejudice (Mulindwa v Kisubika); * Ex parte orders – may be set aside where adequate cause is shown to file defence; * Article 126(2)(e) Constitution – justice administered without undue regard to technicalities.
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1 October 2021 |
| June 2021 |
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Court appointed the biological parent guardian and authorised sale and subdivision of jointly held land in the child’s best interests.
* Guardianship – best interests of the child – biological parent as guardian – sale and subdivision of minor’s land.
* Property law – joint tenancy vs tenancy in common – presumption rebutted by lack of contribution; severance and partition.
* Children’s Act – requirement that parental actions concerning child’s property not be adverse to child’s interests.
* Conveyancing – requirement to register title to minor’s allotted land from sale proceeds.
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10 June 2021 |
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Court grants father's guardianship to sell and subdivide land co‑owned with minor, prioritising the child's best interests.
Children’s Act – guardianship – best interests of the child; Sale and subdivision of land owned by a minor; Registration of Titles Act s.56 – joint tenancy presumption vs tenancy in common; need to prove how minor became proprietor; parental consent; safeguards when authorising dealings in minor’s property.
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10 June 2021 |
| May 2021 |
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Widow proved lawful marriage; caveat unjustified; plaintiff allowed to seek letters of administration and awarded damages for defamatory conduct.
Succession – entitlement to letters of administration – proof of marriage; validity of church marriage certificates; caveat against grant of administration; gift inter vivos and proof of transfer; defamation arising from pre-grant correspondence; remedies – damages and removal of caveat.
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10 May 2021 |
| April 2021 |
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21 April 2021 |
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21 April 2021 |
| March 2021 |
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Court permitted adoption by resident foreign nationals, waiving statutory preconditions because adoption served the child’s best interests.
Adoption law — eligibility of foreign/resident applicants — court’s discretion under Section 46(3) to waive statutory preconditions where exceptional circumstances exist — paramountcy of child’s welfare and ongoing post-adoption welfare reporting.
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22 March 2021 |
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Court appointed the mother legal guardian to sell and reinvest minors' land as being in their best interests.
Children Act s3 – welfare of the child paramount; guardianship – appointment to administer minor’s land; requirement to consider child’s wishes (s43F(1)(e)); UNCRC Article 3 (best interests) guidance; court examination of children’s views.
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15 March 2021 |
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A valid customary marriage and a properly attested will precluded plaintiffs' beneficiary and intermeddling claims; suit dismissed with costs.
Succession law – validity of customary marriage; testamentary formalities and proof of forgery; intermeddling with estate – exceptions for preservation/management; beneficiary status where gifts were made during lifetime; role of Administrator General in estate receipts.
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11 March 2021 |
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Caveat maintained where disputed domicile, competing probate and beneficiary claims require contentious proceedings under Section 265.
Succession law – Caveat – Whether caveat creates prima facie caveatable interest – Contentious probate proceedings – Section 255 (notice to caveator) and Section 265 (procedure in contentious cases) – Jurisdiction and domicile disputes – Administration pendente lite.
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5 March 2021 |
| February 2021 |
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19 February 2021 |