Results.
21 judgments found.
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September 2023
Adoption order obtained by fraud was rescinded; biological parents’ rights restored and criminal investigation ordered.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.
29 September 2023
Review granted and adoption rescinded where adoption was procured by fraud; biological parents’ rights restored.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)
29 September 2023
Adoption order procured by fraud rescinded; biological parents' parental rights restored and criminal investigation recommended.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
29 September 2023
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.
28 September 2023
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.
27 September 2023
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.
27 September 2023
27 September 2023
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.
22 September 2023
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.
22 September 2023
20 September 2023
The applicant’s review of a consent judgment was dismissed; consent judgments stand absent fraud, collusion, or material error.
• Civil procedure — Review of consent judgment — Order 46 Rule 1 CPR; consent judgments binding; review only for fraud, collusion, mistake apparent on the face, ignorance of material facts, or newly discovered evidence. • Burden of proof — Applicant must prove grounds for review on the balance of probabilities. • Administration of estates — Consent settlement to revoke letters and appoint administrators; orders in consent must align with plaint.
20 September 2023
Whether counsel’s misinformation and COVID-19 disruptions constitute sufficient cause to set aside an ex parte dismissal.
Civil procedure — setting aside ex parte dismissal — Order 9 r.18 CPR — "sufficient cause" test; negligence or misinformation by counsel; honest intention and diligence of litigant; COVID-19 disruptions as excusing non-appearance; inherent powers under s.98 Civil Procedure Act; prejudice to respondent and exercise of judicial discretion.
19 September 2023
Court granted adoption to foreign foster parents after finding statutory requirements met and adoption in children’s best interests.
Adoption
— non‑citizen applicants — statutory conditions: 12‑month stay, 12‑month supervised foster care, clean criminal record, home‑country recommendation and recognition
— abandonment — sufficiency of searches, newspaper/radio adverts and police enquiries to dispense with parental consent
Children — best interests — welfare reports, foster bond, medical needs, and permanence favored adoption. Change of name — adoption and identity — name change permitted to effect family integration
19 September 2023
Court ordered exhumation for DNA paternity testing, balancing the child’s right to know genetic parentage against family trauma.
Family law — Paternity — Exhumation to obtain DNA sample — Whether court may order exhumation to determine genetic parentage where alternatives are inconclusive. Children law — Right/interest of a child to know genetic parentage — relevance to parental responsibility and inheritance under the Children Act. Civil procedure — Court’s inherent powers (s.98 CPA, s.33 Judicature Act) — discretion to grant DNA testing orders balancing competing family interests and potential harm. Forensic procedure — DNA testing by Government Analytical Laboratories as primary-source sampling
15 September 2023
Court ordered exhumation for definitive paternity testing, balancing the child’s right to genetic identity and estate administration against potential harm.
Family law — Paternity — Exhumation to obtain DNA sample — Circumstances permitting exhumation for definitive parentage determination. Children’s rights — Right to know genetic parentage — Best interests and inheritance implications under the Children Act. Civil procedure — Inherent court powers (s.98 CPA; s.33 Judicature Act) — Discretion to order intrusive forensic measures balanced against potential abuse and harm
Evidence — Reliability of direct DNA from deceased versus testing of siblings/relatives
15 September 2023
High Court grants intercountry adoption after finding petitioners met statutory requirements and the adoption served the child's best interests.
Children — Adoption — Intercountry adoption jurisdiction under s.44(1)(b); statutory requirements for intercountry adoption (age, residence, one-year foster care, criminal clearances, home study); waiver of foreign home assessment under exceptional circumstances; welfare principle paramount; termination of parental rights; ancillary relief (name change, passport, registration).
14 September 2023
14 September 2023
Court revoked fraudulently obtained administration, granted probate, cancelled certain land registrations, and awarded damages.
Succession law — grant of Letters of Administration procured by fraud — revocation under Section 234 of the Succession Act
Probate — grant of probate to executor named in a valid Will where no contrary Will is proved. Land registration — cancellation of titles and subdivisions created pursuant to fraudulent administration; protection of third-party proprietors' right to be heard
Remedies — revocation of grant, substitution of registration, injunctions, restitution, damages and costs
12 September 2023
Court revoked fraudulently obtained letters of administration, granted probate to the executor and cancelled certain fraudulent land registrations.
Succession law — Revocation of Letters of Administration obtained by fraud — Valid Will and grant of Probate; Land registration — cancellation/rectification of titles and subdivisions procured or acted upon through fraud; Third-party purchasers and fair hearing; Remedies: injunction, damages, costs, surrender of letters and inventory.
12 September 2023
Court granted adoption to the child’s step‑father, finding statutory requirements met and adoption to be in the child’s best interests.
Children Act — Adoption — jurisdiction where child is Ugandan and one applicant is non‑Ugandan — s.44(1)(b). Adoption qualifications — age, residency, foster period, no criminal record, financial capacity and parental consent — ss.45–47. Discretion to waive foreign probation recommendation and Alternative Care Panel report in exceptional family circumstances. Best interests of the child as paramount consideration — s.3 and relevant international instruments
12 September 2023
6 September 2023