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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
12 judgments
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12 judgments
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Judgment date
April 2024
In the matter of a petition for legal guardianship by Ochan Patrick (Family Cause 29 of 2024) [2024] UGHCFD 45 (30 April 2024)

 

 30 April 2024
Wanyera v Natuhwera & Another (Civil Suit 351 of 2021) [2024] UGHCFD 24 (30 April 2024)
30 April 2024
Kalibwani v Ssentongo & 2 Others (Civil Appeal 6 of 2023) [2024] UGHCFD 20 (26 April 2024)
The court upheld a temporary injunction protecting the estate from the applicant's dealings because competing grants risked irreparable loss.
Civil procedure – temporary injunction – preservation of status quo; Competing grants of letters of administration; Irreparable loss to estate and beneficiaries; Balance of convenience in administration disputes; Right of appeal from registrar's orders.
 26 April 2024
Luyimbazi & 16 Others v Kabaaga & 2 Others (Miscellaneous Application 942 of 2023) [2024] UGHCFD 22 (26 April 2024)
26 April 2024
Uhiriwe v Kuuku & 2 Others (Divorce Cause 118 of 2017) [2024] UGHCFD 21 (25 April 2024)
Valid marriage dissolved for adultery; disputed properties not matrimonial and corporate transfer to third respondent lawful.
Family law – validity of marriage where prior marriage later declared null – matrimonial property – criteria for determining matrimonial versus individual property; proprietary estoppel – representation, reliance and detriment; lawfulness of transfers by corporate owner; remedies on divorce (dissolution, property division, alimony, restitution).
 25 April 2024
In the matter of Katherine Davis Majors & Benjamin Andrew Majors (Miscellaneous Application 1110 of 2023) [2024] UGHCFD 19 (24 April 2024)
Guardianship confers parental responsibility, but a subsequent unrescinded adoption extinguishes those rights and prevents the requested declaration.
* Family law – guardianship – legal effect of guardianship order – grants parental responsibility until majority. * Family law – adoption – adoption order extinguishes prior parental and guardianship rights and creates new parental relationship. * Civil procedure – declaratory relief – burden of proof on applicant to show exercise of parental responsibilities; necessity of supporting evidence.
 24 April 2024
Mulumba v Bugingo & 7 Others (Miscellaneous Application 1555 of 2023) [2024] UGHCFD 23 (24 April 2024)
Review dismissed: temporary injunction preserved status quo, no error apparent and factual possession dispute reserved for main suit.
* Civil procedure – Review under Section 82 C.P.A. and Order 46 – scope and limits of review (error apparent on face of record). * Interim relief – Temporary injunction – purpose to preserve status quo; not a final deprivation of title. * Evidence – Disputed factual issues (possession) require locus visit and resolution in main suit, not by review. * Affidavits – Technical inconsistency between "affirm" and "swear" does not render affidavit incurably defective. * Procedural law – Distinction between judicial review and civil review; time‑bar rules for judicial review inapplicable to Order 46 review.
 24 April 2024
Bukenya v Bukenya & 2 Others (Miscellaneous Application 497 of 2024) [2024] UGHCFD 18 (22 April 2024)
Applicant’s review succeeds: ex parte grant of letters of administration set aside due to forgery, lack of notice and concealment.
Review – administrative and probate matters – review of ex parte grant of Letters of Administration – grounds: lack of service, denial of right to be heard, alleged forgery of signature, concealment of material facts and pending litigation – powers to set aside orders and to direct surrender of letters and cancellation of land registry entries.
 22 April 2024
Kamya v Byenkya Kihika & Co. Advocates & Another (Miscellaneous Application 1846 of 2024) [2024] UGHCFD 92 (22 April 2024)
No advocate-client relationship found; no conflict or witness disqualification, application dismissed with costs.
* Advocates' professional conduct – conflict of interest – whether prior meetings/engagement created advocate-client relationship and fiduciary duties. * Advocates' professional conduct – Regulation 4 & 9 – witness-disqualification where advocate may be required to give evidence. * Evidence – competency of affidavit deponent and need for written authorisation when swearing for others. * Formation of advocate-client relationship – formal retainer, conduct, and implied instruction.
 22 April 2024
Namakula v Lukwebe (Miscellaneous Application 1024 of 2023) [2024] UGHCFD 47 (18 April 2024)

 

 18 April 2024
Tumwine v Wakulira (Civil Appeal 17 of 2023) [2024] UGHCFD 46 (18 April 2024)

 

 18 April 2024
Igeme v Nalwoga (Divorce Cause 100 of 2022) [2024] UGHCFD 17 (2 April 2024)
Respondent's sustained abusive false allegations constituted cruelty; marriage dissolved, petitioner awarded custody and majority of property.
* Family law — divorce — cruelty: repeated false allegations and abusive conduct can constitute cruelty warranting dissolution. * Family law — property division: land purchased before marriage may remain non-matrimonial, but spousal contributions to developments justify a proportionate award. * Children — custody: welfare of the child paramount; psychological harm from a parent's conduct warrants denial of primary custody. * Evidence: police/DPP investigative outcomes and audio recordings are probative in family disputes.
 2 April 2024