Results.
14 judgments found.
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October 2023
26 October 2023
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
25 October 2023
25 October 2023
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.
19 October 2023
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.
17 October 2023
12 October 2023
12 October 2023
11 October 2023
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.
10 October 2023
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
6 October 2023
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
6 October 2023
5 October 2023
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.
5 October 2023
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.
4 October 2023