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Citation
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Judgment date
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| 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 |