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Citation
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Judgment date
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| December 2023 |
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Court revoked letters of administration for mismanagement and failure to account, appointing new administrators.
Succession law – Letters of Administration – revocation where grant becomes inoperative and administrators fail to file inventory or account; intermeddling – acts before and after grant; administrators’ fiduciary duties – omissions (refusal to sign documents) as mismanagement; company matters distinct from estate property; counterclaim for unpaid sale proceeds dismissed for lack of evidence.
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20 December 2023 |
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Adopted applicants lack locus to challenge intestate distribution of their birth parent’s estate; application and suit dismissed.
Civil procedure – interlocutory filing deadlines – affidavit in reply filed out of time struck off; Family law – effect of adoption – adoption extinguishes parental rights and bars inheritance from natural parents on intestacy (Children Act s.51, s.53(3)); Locus standi – adopted persons lack sufficient interest to sue over birth parent’s intestate estate.
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13 December 2023 |
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The Petitioner proved adultery, cruelty and desertion; court dissolved the marriage and apportioned matrimonial property accordingly.
Family law – Divorce – validity of foreign marriage – grounds for divorce: adultery, cruelty and desertion – proof on balance of probabilities – matrimonial property distribution – limits to distributing corporate assets absent proof of shareholding – Decree Nisi granted.
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8 December 2023 |
| November 2023 |
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Review of an injunction ruling dismissed: alleged record errors and post‑ruling police summons not grounds for review.
* Civil procedure – Review of judgment – grounds: error apparent on face of record; discovery of new and important evidence; any other sufficient reason. * Temporary injunction – requirements: prima facie case, irreparable harm, balance of convenience. * Evaluation of evidence and factual disputes are for appeal, not review. * Aggrieved party requirement for review – only person whose rights are prejudicially affected may seek review.
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30 November 2023 |
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30 November 2023 |
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Court ordered exhumation for DNA testing of minors while upholding presumption of legitimacy and adult privacy.
Civil procedure – Review under Section 82 and Order 46 Rule 1; Evidence – presumption of legitimacy (s.112 Evidence Act); Paternity/DNA testing – limits on compelling adults; Exhumation ordered for obtaining paternal sample for minors; Minors’ best interests and need for parental/motheral consent; Court’s discretion to balance justice and privacy.
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27 November 2023 |
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Court ordered exhumation for DNA paternity testing of minors despite no apparent error, stressing legitimacy presumption and consent requirements.
Family law – paternity – presumption of legitimacy under Evidence Act s.112; review of court orders (Civil Procedure Act s.82; Order 46) – standards for review (error apparent, new evidence, sufficient reason); DNA testing – consent requirements for adults, minors’ testing and mothers’/guardian consent; exhumation for parentage determination; balancing privacy and interests of justice.
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27 November 2023 |
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Application to be added as defendants dismissed for procedural defects, false affidavit, and lack of demonstrated legal interest.
Civil procedure – joinder of parties – Order 1 Rule 10 and 12 CPR – requirement for affidavits or written authority; Notice of Motion procedures – affidavits must support correct process; striking out affidavits containing material falsehoods; necessity to show direct legal interest for joinder.
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21 November 2023 |
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Court granted guardianship after finding statutory requirements met and placement was in the child’s best interests.
Children Act (ss. 43A, 43B, 43F) – Legal guardianship – eligibility, probation and social welfare report, absence of criminal record – best interests and welfare principle – registration and travel authorization.
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20 November 2023 |
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High Court grants legal guardianship after finding statutory requirements met and that guardianship serves the child’s best interests.
* Children Act (Sections 43A–43M, 43F) – eligibility and statutory requirements for legal guardianship; * Jurisdiction – High Court’s original jurisdiction over guardianship matters; * Best interests principle – welfare of the child paramount; * Probation and Social Welfare Officer home-study and recommendations; * Requirements: Ugandan citizenship, absence of criminal record, exhaustion of alternative care; * Registration, consular notification and travel authorization as ancillary directions.
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20 November 2023 |
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High Court refuses revision and upholds lawful DNA order to determine paternity, prioritising the child’s welfare and expeditious resolution.
Children Act – parentage and paternity – power to order biological/DNA testing under section 69; Family and Children’s Court jurisdiction; revision – High Court’s supervisory powers under Section 83 Civil Procedure Act; child welfare and expeditious handling of child matters; allocation of DNA test costs.
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20 November 2023 |
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High Court dismisses revision and upholds magistrate’s power to order DNA testing to determine parentage, with costs to applicant.
Children law – declaration of parentage – power to order DNA/blood tests under section 69 of the Children Act; Family & Children’s Court jurisdiction; revision — exercise of High Court’s supervisory powers; duty to expeditiously prosecute proceedings concerning children; costs of DNA testing and discretionary timelines.
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20 November 2023 |
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Inter‑country adoption granted: petitioners found statutorily suitable, adoption held in the child’s best interests and name change permitted.
* Children Act (ss.44–48) – Inter‑country adoption – jurisdiction and statutory prerequisites (age, residence, fostering, home study, clear conduct, parental consent).
* Best interests of the child – welfare paramount; continuity, emotional ties and stability.
* Role of Probation and Social Welfare Officer – home study and recommendation.
* Change of name – incident to parent‑child relationship on adoption.
* Administrative steps – registration and consular notification.
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17 November 2023 |
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High Court granted inter‑country adoption after finding petitioners met statutory conditions and adoption served the child’s best interests.
* Children Act — Inter‑country adoption — jurisdiction under section 44(1)(b).
* Adoption suitability — age, marriage, residence, fostering period, clearances, home‑study, probation report, parental consent.
* Child welfare principle — best interests paramount; continuity, bonding and cultural ties.
* Adoption consequences — termination of parental rights, custody and right to change name; registration and consular notification.
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17 November 2023 |
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Court upheld interim consent order recorded with counsel's agreement and dismissed challenge for lack of proven prejudice.
Family division – Consent orders – Validity and enforceability of consent judgments – Grounds for setting aside consent (fraud, mistake, illegality, prejudice) – Court’s review jurisdiction (Section 82 Civil Procedure Act; Order 46 Rule 1) – Effect of absence of signatures where counsel consented in court – Use of Court’s inherent powers (Section 98).
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17 November 2023 |
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Consent recorded by court with counsel's agreement upheld; applicants' challenge dismissed for failing to prove grounds.
* Civil procedure – Consent judgments – parties free to settle – consent may be recorded orally or in writing.
* Review of court orders – Section 82 Civil Procedure Act and Order 46 Rule 1 CPR – grounds: mistake apparent on face, new evidence, or other sufficient reason.
* Setting aside consent – requires proof of fraud, mistake, ignorance of material facts, contravention of court policy or demonstrable prejudice.
* Representation – consent given by counsel in court can bind parties and be validly recorded by a judicial officer.
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17 November 2023 |
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Court found cruelty amounting to irretrievable breakdown; granted joint custody, equal property share and UGX 20,000,000 alimony.
* Family law – Divorce – Validity of church marriage; cruelty as ground for divorce; irretrievable breakdown.
* Child law – Welfare paramount – joint custody of minor; maintenance until completion of tertiary education.
* Matrimonial property – joint acquisition, non‑monetary contributions, division of sale proceeds; defective bank sale documentation.
* Reliefs – decree nisi, equal division of proceeds, alimony, costs.
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17 November 2023 |
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Mother, as administrator and statutory guardian, granted guardianship and authorised to remove caveat and register minors on title.
* Guardianship – appointment of guardian – welfare of the child as paramount consideration – Children Act and Constitution. * Succession (Amendment) Act – statutory guardian and priority of parent as guardian. * Administration of minor’s property – caveat removal and land registration – court authority to direct Commissioner, Land Registration. * Administrator of estate – rights to protect minors’ share of estate.
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10 November 2023 |
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Court granted the applicant guardianship and ordered removal of caveat and minors' land registration.
* Guardianship – appointment of legal guardian of minors – welfare/best interests principle (Children Act; Constitution; UN Convention). * Succession – statutory guardianship and administrator’s role under Succession (Amendment) Act 2022. * Land registration – authority to lift caveat and register minors as co-proprietors; court order directing Commissioner Land Registration. * Administration of deceased’s estate – protection and registration of minors’ property.
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10 November 2023 |
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Interim custody to the father upheld where welfare checklist and risk of harm justified temporary removal from mother.
* Family law – interim custody – Children Act (Sections 3 and 73A) – welfare checklist and paramountcy of child’s welfare.
* Interim relief – threshold for interim custody where child is suffering or likely to suffer harm; proportionality and status quo considerations.
* Appellate review – duty to re-evaluate evidence but respect for trial court’s welfare-based findings.
* Use of medical reports, audio evidence and police statements in assessing risk to children; recommendation for expert assessments and counselling.
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10 November 2023 |
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Court set aside a consent judgment affecting estate land after applicants alleged illegality, fraud and denial of a hearing.
* Civil procedure – Consent judgments – Review and setting aside – Scope of review under Section 82 Civil Procedure Act and Order 46 Rule 1 – Relief where consent allegedly procured by illegality, fraud, mistake or without hearing of interested parties.
* Land law – Disputed title/administrators of estates – Allegations of renumbering/subdivision and denial of hearing as grounds for review.
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7 November 2023 |
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Application to set aside dismissal and reinstate suit dismissed as res judicata, procedurally defective, and misconceived.
Civil procedure – res judicata; identity of parties, issues and reliefs – application barred where matter conclusively determined previously. Civil procedure – affidavits – requirement of written authority under Order 1 Rule 12(2) CPR; affidavit sworn on behalf of others without written authority is defective. Civil procedure – dismissal for want of prosecution – reinstatement not appropriate remedy; remedy is appeal or fresh suit (subject to limitation). Costs awarded for successful preliminary objections.
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7 November 2023 |
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7 November 2023 |
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Plaintiff (not a qualified advocate) obtained letters and title as a lay agent; awarded UGX 5,000,000; other claims dismissed.
Estate administration — holding out as advocate — lay person instructed to obtain Letters of Administration and Special Certificate of Title — entitlement to reasonable reimbursement — evidentiary requirement of receipts — refusal of revocation or fines for lack of proof — service and timing of Written Statement of Defence preserved by prior ruling.
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6 November 2023 |
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Plaintiff held out as an advocate but acting as a lay agent is granted UGX 5,000,000 reimbursement from the estate.
Estate administration; holding out as advocate; entitlement to reimbursement for expenses; requirement of receipts and proof; limitation of remedies where not proved; procedural service and maintenance of defence; orders for handover of original letters, caveat withdrawal and injunction.
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6 November 2023 |
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2 November 2023 |
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Court severed joint tenancy and partitioned two commercial properties, allocating one plot to each party and directing registration and injunctive protection.
Land law – joint tenancy – presumption of joint tenancy where multiple proprietors; severance and partition – grounds include breakdown of joint use, exclusion from possession and unequal contributions; Article 26 (right to property) and Human Rights (Enforcement) Act jurisdiction; locus in quo used to assess occupation and use; equitable allocation of interests and registration directions.
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1 November 2023 |
| October 2023 |
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26 October 2023 |
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Court upheld Magistrate’s jurisdiction, recognised indirect contributions, reduced property award to 35% and upheld UGX 10,000,000 alimony.
* Family law – Divorce – Jurisdiction of Magistrate Grade I under Divorce Act where parties are Ugandans. * Matrimonial property – determination of matrimonial home; recognition of indirect and non-monetary contributions (household duties, childcare, supervision of works) as basis for a share. * Property division – court discretion to adjust percentage share based on contributions and circumstances (50% reduced to 35%). * Alimony – rehabilitative lump sum awarded where respondent lacks independent income. * Remedies – valuation by Chief Government Valuer and mechanics for payment and occupation pending compensation.
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25 October 2023 |
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25 October 2023 |
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Appellant failed to prove cruelty, conversion, or wrongful occupation; lower court judgment dismissing divorce upheld.
Family law – divorce – cruelty (denial of conjugal rights) – necessity of corroborative evidence and proof of grave or probable injury; family law – alleged conversion of spouse – requirement of evidence for nullification; matrimonial property – occupation and completion of family home by spouse; appellate review – re-evaluation of evidence and deference where trial court credibility findings supported.
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19 October 2023 |
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Court granted an interim stay of execution pending determination of the substantive stay application and appeal.
Civil procedure – Interim stay of execution – Conditions for grant: competent notice of appeal; substantive application; serious threat of execution – Filing bill of costs and extraction of decree constitute commencement of execution – Unproven assertions of justification for altering suit land insufficient to defeat interim relief.
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17 October 2023 |
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12 October 2023 |
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12 October 2023 |
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11 October 2023 |
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A non‑Ugandan spouse who has fostered a child may be granted adoption if it serves the child's best interests.
Adoption law — Jurisdiction where applicant is non‑citizen; statutory qualifications for adoption (age, age difference, residence, foster period, good conduct, consent, financial capacity); waiver of foreign probation recommendation in exceptional circumstances; consideration of Alternative Care Panel report; paramountcy of child's best interests; protection of child's right to contact biological parent.
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10 October 2023 |
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Registered title is prima facie indefeasible but excess land may be severed and caveat maintained where wrongful inclusion is proved.
* Succession law – caveat against grant of letters of administration – caveatable interest of registered proprietors.
* Land law – indefeasibility of certificate of title – exception where fraud or wrongful inclusion is proved.
* Evidence – conduct and corroborative documents can establish a sale despite absence of signature; pleading requirements and burden to prove allegations (including illiteracy) are mandatory.
* Remedies – severance of title, survey and mutation costs, injunction, vacating caveat, amendment of petition.
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6 October 2023 |
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Appeal against taxation was dismissed because the appellant failed to effect timely service, depriving the court of jurisdiction.
* Advocates' costs taxation – instruction fees – challenge to quantum – not reached because preliminary objection succeeded.
* Civil procedure – service of summons – Order V CPR (Rule 1(2),(3),(5)) – mandatory 21‑day service rule and requirement for affidavit of service.
* Appeals and references – Advocates (Taxation of Costs) (Appeals and References) Regulation 10 – service in accordance with Order V.
* Time limits – extension application must be made within 15 days after expiry of initial 21 days; failure deprives court of jurisdiction.
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6 October 2023 |
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5 October 2023 |
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Court dissolved the marriage for cruelty, denied adultery, granted petitioner physical custody, ordered equal maintenance and divided specified property.
Family law – divorce – cruelty established; adultery not proved; custody – physical to petitioner, joint legal custody; maintenance – equal parental contribution; matrimonial property – presumption of contribution, title evidence, specific properties found non-matrimonial or matrimonial and division orders; privacy and harassment – permanent prohibition against stalking ordered; costs – each party bears own costs.
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5 October 2023 |
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A non‑Ugandan single male failed to meet statutory adoption safeguards; petition dismissed as not in child's best interests.
Adoption — statutory requirements — fostering for at least 12 months under probation and social welfare supervision; non‑Ugandan adopters — section 46 conditions (residence, reports, foreign recognition); sole male applicant adopting female child — special circumstances required; court cannot waive essential statutory safeguards; child’s welfare paramount.
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4 October 2023 |
| September 2023 |
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Adoption order obtained by fraud was rescinded; biological parents’ rights restored and criminal investigation ordered.
Children law – Inter-country adoption – adoption obtained by fraud or misrepresentation – review and rescission of adoption order under s.46A Children Act – restoration of parental responsibility – court’s jurisdiction to review adoption orders.
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29 September 2023 |
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Review granted and adoption rescinded where adoption was procured by fraud; biological parents’ rights restored.
* Family law – Adoption – Inter-country adoption – high standards and court as guardian in best interests of the child
* Civil procedure – Review (Section 82 CPA; Order 46 R.1 CPR) – discovery of new evidence and fraud as grounds for review
* Children Act – rescission of adoption order where obtained by fraud or misrepresentation (s.46A)
* Fraud and misrepresentation – vitiation of judicial orders and consequences (restoration of parental rights; administrative and criminal follow-up)
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29 September 2023 |
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Adoption order procured by fraud rescinded; biological parents' parental rights restored and criminal investigation recommended.
* Family law – Adoption – Inter-country adoption – jurisdiction of Family Division under Administrative Circular No. 2 of 2020.
* Civil procedure – Review – Section 82 CPA and Order 46 CPR – discovery of new evidence, mistake, fraud.
* Children Act – Rescission of adoption order where obtained by fraud or misrepresentation; best interests of the child paramount.
* Administrative relief – cancellation of adoption entry and referral for criminal investigation.
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29 September 2023 |
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Magistrates' Courts retain jurisdiction in divorce matters between Africans despite high-value matrimonial assets; High Court may hear disputed matters.
Family law — Divorce jurisdiction — Magistrates' Courts may hear divorce petitions between Africans despite matrimonial assets exceeding civil pecuniary limits; procedural challenge to jurisdiction; proper forum for determination where jurisdiction is disputed.
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28 September 2023 |
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Respondent held in civil contempt for failing to surrender estate land titles; committed six months and ordered to pay UGX 20,000,000.
* Civil contempt – disobedience of court orders – failure to surrender estate land titles as ordered – requisites: lawful order, knowledge, ability to comply, failure to comply.* Remedies for civil contempt – committal to civil prison, general damages, costs – preservation of original order until implementation.* Rule of law and enforcement of court orders – safeguarding administration of justice.
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27 September 2023 |
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Respondent found in civil contempt for refusing to surrender estate land titles; six months imprisonment and damages awarded.
Contempt of court – civil contempt for disobedience to court order to surrender estate land titles; requirements: lawful order, knowledge, ability to comply, wilful non‑compliance; sanctions include civil imprisonment and damages.
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27 September 2023 |
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27 September 2023 |
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Intercountry adoption granted after petitioners satisfied statutory requirements and court found adoption to be in child's best interests.
Children Act — Inter‑country adoption — statutory requirements (age, residence/fostering period, consent, home‑study, clearances) — welfare principle — ascertainable wishes of the child — probation and social welfare report — registration and consular notification.
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22 September 2023 |
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Inter‑country adoption granted where statutory criteria met and adoption found to be in the child’s best interests.
Inter‑country adoption; Children Act requirements (age, fostering/residence, criminal clearance, home study, Probation & Social Welfare report); welfare principle and ascertainable wishes of the child; dispensing with consent where parent untraceable; registration and consular notification.
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22 September 2023 |