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.

Physical address
Makindye Chief Magistrates' Court at Mobutu Road .
12 judgments
  • Filters
  • Judges
  • Alphabet
Sort by:
12 judgments
Citation
Judgment date
March 2026
Court dissolved the marriage for cruelty, apportioned the matrimonial home 85/15, set aside an MoU for duress, and awarded joint legal custody.
Family law – Divorce – Cruelty as ground for dissolution – Finding of cruelty based on repeated physical assaults and threats. Matrimonial property – Beneficial ownership – direct financial contribution versus indirect domestic contribution – 85/15 apportionment of matrimonial home. Equity and duress – Memorandum of Understanding procured under duress declared unenforceable Children – Joint legal custody, physical custody to primary caregiver, structured visitation. Debt recoveries – allocation of net recoveries between parties
5 March 2026
February 2026
Administrator General appointed pendente lite to preserve estate during family dispute over administrator’s fitness.
Succession Act s.214 – Administrator pendente lite – Purpose to preserve estate and protect beneficiaries – Interim administrator must be impartial and competent – Family disputes and allegations of unfitness justify appointment of neutral Administrator General – Costs to abide outcome of main suit.
20 February 2026
An advocate who witnessed contested land documents is a material witness and cannot act as counsel; the firm may continue via another advocate.}
:[
20 February 2026
Court extended Letters of Administration two years because most beneficiaries consented, requiring a final account in one year.
Succession law - Letters of Administration - renewal and extension - beneficiaries' consent - section 337(4) Succession Act - final account - no costs.
17 February 2026
Consent judgment and conduct can establish divorce despite absence of decree absolute, barring an ex-spouse from intestate succession.
Succession law — effect of consent judgment and parties’ conduct on dissolution of marriage despite absence of extracted decree — estoppel by acceptance of divorce benefits — lawful lodging of caveat — intermeddling with estate — priority of surviving spouse and protection of minors under the Succession Act.
17 February 2026
The court dismissed the respondent’s suit as an abuse of process, barred by res judicata/functus officio and fatally defective.
Civil procedure – striking out pleadings (Order 6 r.30; Order 7 r.11) – cause of action – locus standi via Power of Attorney – res judicata and functus officio (consent judgment) – suit against deceased persons (nullity/substitution) – parallel proceedings, forum shopping and abuse of court process.
3 February 2026
January 2026
Cause of action against an executor died with him; without substitution the suit abated and was dismissed.
Succession law – Executor’s duties personal to office – Cause of action must be disclosed against proper legal representative – Abatement on death of executor (Order 24 r.1) – Need for letters of administration with will annexed for continuity – Claims for accounts, revocation of probate and recovery of trust property.
30 January 2026
A Decree Nisi granted to the applicant for cruelty and constructive desertion; property allocated, alimony denied.
Divorce — Valid church marriage; Cruelty established on balance of probabilities; Constructive desertion; Adultery not proved; Distribution of matrimonial property; Alimony denied; Costs: each party bears own.
28 January 2026
The applicant's status as a bona fide registered purchaser justified setting aside an injunction granted without notice and conflicting with a consent judgment.
Civil procedure — Review of interlocutory order — Temporary injunction set aside where granted without notice to bona fide registered purchaser; conflict with subsisting consent judgment; jurisdiction of Assistant Registrar; indefeasible title of purchaser for value without notice.
28 January 2026
Grant of administration obtained contrary to succession and Administrator General Act was revoked; disputed land restored to deceased’s estate.
Succession law – testate estate requires probate or letters of administration with will annexed; ordinary letters for intestacy defective for testate estate – Administrator General’s certificate of no objection mandatory – revocation of grant for defective or fraudulent procurement – Registration of Titles Act: indefeasibility subject to fraud and void underlying transactions – requirements for gift inter vivos and necessity of proper transfer instruments.
28 January 2026
Court granted adoption after finding petitioners met statutory requirements and the adoption served the child’s best interests.
Adoption law – jurisdiction of High Court in cases involving dual-national applicants – statutory adoption requirements (age, fostering, consent, criminal record, financial capacity, recommendations) – best interests of the child – recognition of foreign recognition of adoption orders (UK/Scotland).
27 January 2026
Court upheld mother’s sole custody and two-weekend monthly visitation for father, prioritizing the child’s welfare.
Family law – Child custody – Welfare/paramountcy principle (Children Act s.3, Constitution) – Sole custody to primary carer – Visitation limited to two weekends monthly – Right to privacy – Appeal entertained under Section 98 CPA.
27 January 2026