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Citation
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Judgment date
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| January 2023 |
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27 January 2023 |
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Divorce petition dismissed because the petitioner failed to prove the existence of a valid registered marriage.
Marriage proof — Marriage Act requires certificate or certified copy (or corroborative evidence) to establish a registered marriage; photographs insufficient; burden of proof falls on petitioner and is heightened in ex parte proceedings; failure to prove marriage defeats a divorce petition.
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23 January 2023 |
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Court found misfiled pleadings amounted to an error apparent on the record and upheld setting aside of ex parte revocation of letters of administration.
Civil procedure — Review — Section 82 CPA and Order 46 CPR — error apparent on face of record (misfiling of pleadings) Civil procedure — Setting aside ex parte orders — Order 9 r.27 — summons/service and sufficient cause Administrative/estate law — competing letters of administration — effect of ex parte revocation on estate management Constitutional law — right to fair hearing (Article 44)
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21 January 2023 |
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Surviving spouse entitled to matrimonial home despite deceased’s will; Article 50 suit appropriate.
Family law – Customary marriage – proof of customary (Kiganda) marriage by introductory letter and corroborating witnesses. Matrimonial property – residence acquired before marriage can be matrimonial where it is the couple’s home. Succession law – testator’s will cannot wholly defeat surviving spouse’s rights to matrimonial home; interaction between Succession Act residential-holding provisions and constitutional property rights. Human rights enforcement – Article 50 and Human Rights (Enforcement) Act proper avenue to vindicate surviving spouse’s property rights
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21 January 2023 |
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20 January 2023 |
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20 January 2023 |
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9 January 2023 |
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Court granted adoption: petitioners suitable and adoption was held to be in the children’s best interests.
Adoption — Children Act — paramount welfare principle — ascertainable wishes, needs and background of child Suitability of adoptive parents — age, residency, good conduct, foster care and prior guardianship Non‑Ugandan adopter — exceptional circumstances and residence requirement under section 46 Termination of parental rights and registration of adoption Consular notification and costs
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5 January 2023 |
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Counsel's mistake may justify setting aside ex parte divorce proceedings; matter to proceed inter partes and applicant pays costs.
Civil procedure – setting aside ex parte decree – Order 9 r27 CPR – service of summons/hearing notice – sufficient cause – negligence/mistake of counsel – costs.
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5 January 2023 |
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Ex parte divorce decree set aside for lack of proved effective service and sufficient cause to hear matter inter partes.
Civil procedure — Setting aside ex parte decree — Order 9 r.27 CPR — Requirement of due service or sufficient cause to set aside — Substituted service and proof of effective service — Affidavit formalities and competence of attorney’s affidavit — Interest of justice in family proceedings.
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5 January 2023 |
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Court revoked fraudulently obtained letters of administration, cancelled unlawful estate dealings, and awarded damages and costs.
Succession law – fraudulent procurement of letters of administration – effect of prior administration and final account – revocation of letters – indefeasibility and fraud under Registration of Titles Act – remedies: revocation, cancellation of title entries, accounts, damages and costs.
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4 January 2023 |
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Court revoked fraudulently obtained letters of administration, cancelled resultant titles, awarded damages and costs.
Succession law – administration of estates – revocation of letters of administration obtained by fraud; Effect of prior administration and final account on subsequent grants; Fraud as exception to indefeasibility of title; Cancellation of titles and restoration to estate; Duty to render accounts; Awards of damages and costs.
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4 January 2023 |
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An advocate who did not perform trial work lacks locus to claim trial-stage costs; predecessor’s bill must be annexed or filed separately.
Administration/Public Authority — Administrator General capacity and representation; Civil procedure — service of chamber summons — effect of date fixing; Taxation of costs — locus to tax bill — successor advocate cannot claim predecessor’s trial fees; Precedent — Bhatt and Hartjna Mtjlangwa principles applied to prevent claiming fees for services not performed; Constitutional right — entitlement to legal representation in enforcing costs.
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3 January 2023 |
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A successor advocate cannot claim instruction fees for trial services they did not perform; taxation order set aside and bills to be properly refiled.
Civil procedure — Taxation of costs — Locus of successor advocate — A successor advocate who did not conduct trial proceedings may not claim instruction fees for services not rendered; previous advocate’s bill must be annexed. Civil procedure — Service of chamber summons — Time runs from date hearing is fixed by Judge when registrar had endorsed summons without date. Statutory authority — Administrator General’s Act — Assistant Administrator General can swear affidavits and appear for the Administrator General
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3 January 2023 |
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Administrator entitled to remove caveat blocking estate distribution where caveator’s basis for interest has lapsed.
Succession law – administrator's powers; Caveat – validity requires a lawful interest; Caveat removal where inventory shows beneficiary allocation and no risk of prejudice to beneficiary; Registrar directed to remove caveat.
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2 January 2023 |
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Administrator entitled to removal of an unjustified caveat obstructing estate distribution; Registrar directed to remove it.
Land law – Caveat – requirement of a caveatable interest; caveat invalid without such interest. Succession law – Administrator’s powers – sections 180, 192, 193 Succession Act – administrator as legal representative and right to vesting and distribution. Civil procedure – ex parte proceedings where respondent not represented after service by advertisement
Relief – removal of caveat and direction to Registrar/Commissioner of Land Registration
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2 January 2023 |
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Consolidation granted before resolution of dispositive preliminary points denied applicants a fair hearing.
Civil procedure – Order 50 Rule 7 and Rule 8 – distinction between registrar's reference and appeal by motion. Civil procedure – Preliminary points of law – when a potentially dispositive point should be determined. Civil procedure – Consolidation of suits – may not be ordered where competence of a suit is still contested. Right to be heard – interlocutory rulings should not pre-empt pending dispositive preliminary objections
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2 January 2023 |