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HC: Family Division (Uganda)

The Family Division was created in  April 2005 as a division of the high court that handles: Administration causes, Family causes, (Adoption, Guardianship, Affiliation/maintenance), Miscellaneous causes, Miscellaneous applications, Civil appeals, Civil suits, Originating summons, Civil revisions and Divorce cases.

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Makindye Chief Magistrates' Court at Mobutu Road .
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https://judiciary.go.ug/data/smenu/15/Family%20Division.html
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March 2024
Generosa v Muramira (Divorce Cause 183 of 2022) [2024] UGHCFD 15 (20 March 2024)
Petitioner proved adultery and cruelty; court granted decree nisi, awarded compensation and costs; Bukoto land referred to Land Division.
* Family Law – Divorce – Grounds: adultery and cruelty – circumstantial evidence and admissions can establish adultery. * Family Law – Cruelty – drug abuse, denial of conjugal rights, psychological abuse and conduct endangering spouse can constitute cruelty. * Matrimonial property – land registered in third party’s name; court will not adjudicate ownership where title is conclusive; refer to Land Division. * Civil procedure – electronic service (WhatsApp) accepted where respondent cannot be contacted by other means.
 20 March 2024
Mukulu v Mukwaba (Divorce Cause 16 of 2021) [2024] UGHCFD 14 (18 March 2024)
Marriage dissolved for adultery and cruelty; petitioner granted primary custody and matrimonial land divided equally.
• Family law – Divorce – Grounds: adultery and cruelty – proof by admission and circumstantial evidence; • Children – Welfare principle paramount – primary custody to mother for young children and visitation to father; • Matrimonial property – Jointly registered title presumed joint beneficial ownership; Certificate of Title conclusive (Registration of Titles Act) leading to equal division absent proof of sole contribution; • Maintenance – parental responsibility for education and medical needs; • Costs – each party to bear own costs.
 18 March 2024
Kironde v Kawesa & Another (Miscellaneous Application 934 of 2023) [2024] UGHCFD 16 (15 March 2024)
Family minutes alone do not justify revoking letters of administration; Administrator General's CONO and statutory process required.
Succession law – alteration or revocation of letters of administration; requirement of Certificate of No Objection from Administrator General; insufficiency of family meeting minutes; duty to exhibit inventory and account; procedural compliance before regranting administration.
 15 March 2024
Kiconco v Mucunguzi & Others (Miscellaneous Application 1198 of 2023) [2024] UGHCFD 8 (12 March 2024)
Applicant succeeds on contempt: first respondent committed to six months, third warned; second not held in contempt.
Civil contempt – requirements: existence of lawful order, knowledge, ability to comply, failure to comply; execution of warrant of attachment; committal to civil prison as coercive remedy; discretion to warn public officers and to refuse costs.
 12 March 2024
Nakakande v Kimera & Another (Miscellaneous Application 321 of 2023) [2024] UGHCFD 7 (11 March 2024)
Stay of execution denied where applicant failed to prove substantial loss, delayed action, and execution had already commenced.
Civil procedure – stay of execution pending appeal – Order 43 r.4(3) – requirements: substantial loss, absence of unreasonable delay, security, likelihood of success, imminent threat of execution – execution already commenced – stay refused.
 11 March 2024