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 .
4 judgments
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4 judgments
Citation
Judgment date
March 2021
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.
22 March 2021
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.
15 March 2021
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.
11 March 2021
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.
5 March 2021