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 .
815 judgments
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815 judgments
Citation
Judgment date
November 2025
Purported customary marriage held void ab initio due to respondent's subsisting monogamous marriage; petition dismissed.
Customary marriage — Section 11(e) Customary Marriages (Registration) Act — purported customary marriage void ab initio where a party has a subsisting monogamous marriage; cohabitants' property claims — equitable, trust and common law remedies; preliminary objections — applicability where central legal issue disposes of petition; possible bigamy prosecution under Penal Code Section 142.
14 November 2025
Letters of administration obtained by forgery may be revoked and a fresh grant made to proper beneficiaries, with damages and costs.
Succession law – grant of letters of administration – revocation for just cause – fraud and concealment as grounds for revocation; certificate of no objection forged; gift inter vivos requirements; entitlement to letters and relief including damages and costs.
14 November 2025
Court extended letters of administration and granted leave to file a late inventory, finding sufficient cause and beneficiaries' consent.
Succession law; extension of expired letters of administration under Section 337(2) & (4); leave to file inventory out of time under Section 273; sufficient cause standard; beneficiaries’ consent; directions for inventory content and filing timeframe.
11 November 2025
Whether contested land and shares form part of the deceased’s estate, validity of caveat, and appropriate administrators.
Succession law – determination of estate property; joint tenancy and right of survivorship; corporate personality and transmission of shares; validity and purpose of caveats in administration proceedings; fit and proper test for appointment of administrators.
7 November 2025
Court granted administrators leave to file the estate inventory out of time for sufficient cause and beneficiary consent.
Succession Act s.273(1) – filing inventory – extension of time; sufficiency of cause; administrators’ duty; absence of dilatory conduct; beneficiary consent; mandatory contents and timeline for updated inventory.
6 November 2025
The applicants' expired letters of administration were extended for two years due to encroachment, pending suit and beneficiaries' consent.
* Succession Act – extension of letters of administration – applicability of Section 337(2) and (4) for grants issued before 31 May 2022. * Procedural irregularity – wrong citation of statute – wrong citation not fatal where court has jurisdiction and correct law applies. * Estate administration – encroachment, unlawful sales and pending litigation as sufficient cause to extend grant; beneficiaries’ consent relevant.
6 November 2025
October 2025
Court renewed expired letters of administration, revoked inoperative co-administrator's grant, and allowed late inventory filing.
* Succession law – Renewal/extension of expired letters of administration – Section 337 Succession Act and Interpretation Act s34(3). * Succession law – Revocation/amendment of grant where co-administrator has died – inoperative grant and protection of beneficiaries. * Succession law – Filing inventory out of time – sufficient cause, discretion to extend time and conditions for late inventory. * Civil procedure – Exercise of court’s discretion to advance substantial justice in estate administration matters.
31 October 2025
Court upheld jurisdiction, found several properties matrimonial, awarded equal shares and ordered maintenance for adult children in education.
• Family law – Jurisdiction – High Court may entertain divorce where marriage was solemnized in Uganda despite parties residing abroad. • Family law – Matrimonial property – Determination requires proof of registration and direct or indirect contribution; not all property in one spouse’s name is excluded. • Evidence – Technical non-compliance with sealing of annexures is curable where no prejudice occasioned. • Maintenance – Parental obligation may continue for adult children in education; court may order maintenance until undergraduate completion. • Remedies – Sale by public auction and equal division of proceeds; award of costs to successful spouse.
31 October 2025
Court validated late estate accounts and extended Letters of Administration to the surviving administrator with beneficiaries' consent.
Succession Act – Extension and renewal of Letters of Administration – validation of late inventory and account – death of co-administrator – pension benefits excluded from two-year limit – beneficiaries' consent.
30 October 2025
Court classified three properties as matrimonial or individual, allocating shares based on timing, contributions and use.
* Family law – matrimonial property – determination of matrimonial vs individual property based on timing of acquisition, registration, contributions and use as family home. * Evidence – burden to plead and prove customary marriage/cohabitation and contributions (monetary or non-monetary). * Property distribution – valuation by Government Valuer or agreed valuer; payment of balancing shares within one year or sale and sharing of proceeds. * Costs – each party to bear own costs; valuation costs allocated to paying party.
29 October 2025
Plaintiff lacked locus to claim under the estate, but administrator’s failure to file inventory justified revocation of letters.
Succession law – locus standi and proof of beneficiary status; evidentiary proof of paternity; mandatory duty to file inventory under the Succession Act; failure to exhibit inventory as just cause for revocation of letters of administration (s.230(1)(e)).
24 October 2025
Court renewed applicants' letters of administration for two years after validating a late inventory and ordering an account.
Succession Act — Extension of Letters of Administration (ss. 337, 256) — beneficiary consent required — validation of late partial inventory — pension benefits excluded from two-year validity limit — requirement to file estate accounts prior to renewal.
23 October 2025
Court authorized personal representatives to sell patient's moveable assets to pay outstanding hospital bills and ordered estate to bear costs.
* Personal representatives – power to manage estate – requirement to obtain leave of court before disposing of moveable/immoveable assets. * Estate administration – payment of patient’s medical debts from estate assets. * Family notice – duty to inform next of kin and effect of consent or non-response. * Remedy – court may authorize sale where patient welfare and continued treatment justify disposal.
21 October 2025
Court renewed letters of administration and allowed late filing of inventory/accountability for sufficient cause and beneficiaries' consent.
Succession Act – renewal of letters of administration (ss. 337(2),(4)); extension of time to file estate inventory and accountability (s. 273(1)); factors: best interests of beneficiaries, compliance with statutory timelines, administrators’ conduct, consent of beneficiaries, sufficient cause (identification of assets, caveats, government acquisition, ongoing litigation).
20 October 2025
Legal guardianship granted where petitioner proves child's best interests and biological parents are untraceable.
Children Act – welfare of the child paramount – legal guardianship – statutory requirements (age, citizenship, probation/social welfare report, police clearance) – waiver of parental consent where parents unknown or untraceable – guardian powers to obtain documents and travel – guardianship lapses at majority.
20 October 2025
Court refused stay pending appeal; upheld contempt finding and ordered applicants' committal and execution.
Contempt of court; Letters of Administration; stay of execution pending appeal — conditions: notice of appeal, absence of unreasonable delay, realistic prospect of success, risk of appeal being rendered nugatory; public interest in enforcing court orders; civil committal for contempt.
17 October 2025
Court granted administrators leave to file the estate inventory out of time after finding sufficient cause and imposed a 30-day filing deadline.
* Succession Act s.273(1) – Requirement to file inventory within six months – Court’s discretion to extend time for sufficient cause. * Extension of time – "sufficient cause" test: satisfactory explanation for delay, absence of dilatory conduct, prevention of injustice. * Estate administration – duties of administrators; required contents and documentary proof for inventories; timelines and conditions for late filing. * Court may extend letters of administration to enable completion of estate distribution.
16 October 2025
Applicant permitted to file estate inventory late due to beneficiaries abroad; court grants 30 days to file.
Succession Act s.273(1) – statutory six‑month inventory requirement – court discretion to extend time; sufficient cause for delay (beneficiaries abroad, consent, interim filings); duties and documentary requirements of administrators; direction to file updated inventory within 30 days.
16 October 2025
Application to set aside leave to tax an advocate-client bill denied; taxation to proceed and costs awarded to respondent.
Advocates’ costs — Review of order granting leave to tax advocate-client bill — Scope of review under Section 82 CPA and Order 46 Rule 1 — Pre-taxation meeting under Section 13A of Advocates (Remuneration & Taxation of Costs) Regulations — Alleged prior-counsel negligence not a bar to taxation.
16 October 2025
Order 17 Rule 4 dismissal is final and bars refiling; appeal is the proper remedy.
Res judicata; Order 17 Rule 4 Civil Procedure Rules; dismissal for want of prosecution can be substantive and give rise to a decree; abuse of court process by refiling same cause of action; Letters of Administration disputes in administration proceedings.
14 October 2025
Court extended expired letters of administration and allowed late filing of inventory; failed to remove co-administrator.
Succession law – Extension/renewal of letters of administration under S.337(2) & (4) Succession Act; Inventory/accounting obligations under S.273(1); Interpretation Act S.34(3) permits post-expiry applications; ‘‘sufficient cause’’ test for extension; evidentiary standard for removal of co-administrator.
10 October 2025
Inter‑country adoption granted after court found petitioners met statutory requirements and adoption served the child's best interests.
* Family law – Inter-country adoption – High Court jurisdiction where petitioner or child is non‑Ugandan (Section 86(1)(b)). * Adoption requirements – Age, age difference, minimum one year fostering under PSWO supervision, residence, absence of criminal record, financial capacity, and recommendation from home country authority (Sections 87–88). * Parental consent – Dispensed with where biological parents are unknown despite reasonable tracing efforts. * Child welfare – Best interests principle as paramount consideration in adoption decisions; role of National Alternative Care Panel and Probation and Social Welfare reports.
10 October 2025
Court extended expired letters of administration for two years due to incomplete estate distribution and beneficiaries' consent.
Succession Act s.337(2),(4) – extension of letters of administration; Interpretation Act s.34(3) – entertain out-of-time applications; estate administration – sufficiency of cause; beneficiaries' consent as corroborative evidence.
10 October 2025
Court extended probate and allowed out‑of‑time filing of estate inventory due to counsel’s error and beneficiaries’ consent.
Succession law – Filing of inventory and accounts – Extension of time under Succession Act and Civil Procedure Act – "Sufficient cause" for delay – Effect of previous counsel’s error – Extension of expired grant for limited purpose.
10 October 2025
Mother appointed guardian and authorised to sell/mortgage minors' co-owned land in their best interests.
Children Act – Guardianship – Appointment of legal guardian to transact on minors’ behalf; welfare principle; co-registered land – court authorisation required to sell or mortgage minors’ interests; parental status and best interests guiding factor.
7 October 2025
Court finds disputed land part of an heir's estate, not ancestral land, and administrators did not obtain grants by fraud.
Succession and land law – disputed parcel held as part of an heir's estate, not ancestral land – whether Letters of Administration were fraudulently obtained – Administrator General’s role and Certificate of No Objection – title transfers intended to preserve family estate – remedies: revocation, declaration, eviction, damages, costs.
6 October 2025
A typographical error as to where an affidavit was sworn may be rectified; application to proceed on merits rather than be struck out.
* Civil procedure – preliminary objection – affidavit irregularity – place of swearing – rectification of clerical error; * Evidence – competency of affidavit sworn before foreign notary – jurisdictional limits; * Review – application to review decision striking affidavit out and treating appeal as unchallenged – competence to proceed on merits after cure of defect.
3 October 2025
Unexplained, inordinate delay and a belated review application defeated leave to appeal out of time; application dismissed with costs.
Civil procedure – Extension of time to appeal – Criteria for granting extension (sufficient reason, length and cause of delay, prospects of success, prejudice) – Review versus appeal – filing a review after appeal period cannot justify delayed appeal – conduct indicating satisfaction with judgment (consent to execution, taxation, payments) undermines claim for extension.
3 October 2025
Court appointed Administrator General as administrator pendente lite and authorised sale to meet undisputed mortgage and beneficiaries’ needs.
Succession — Letters of administration pendente lite — Appointment to protect estate from waste and creditor enforcement; Administrator must be impartial — Administrator General appointed where applicants are parties to related suits — Interim sale of mortgaged property authorised to pay undisputed loan and upkeep of beneficiaries — Minor struck off proceedings but application not incurably defective.
3 October 2025
Where a defendant participated but defaulted at hearing, the remedy is appeal; Order 9 r27 does not apply.
Civil procedure – Order 17 Rule 4 CPR – proceedings where a party initially participates but defaults – remedy is appeal; Order 9 Rule 27 applies to true ex parte decrees only. Civil procedure – setting aside judgment – sufficient cause and requirement for prompt communication of incapacity by counsel.
3 October 2025
Court extended letters of administration and allowed late filing of inventory due to beneficiaries' absence and consent.
* Succession Act (s.337(2),(4)) – Extension of letters of administration issued before 31 May 2022 – court discretion to extend duration on application. * Succession Act (s.273(1)) – Duty to file inventory/account – extension of time for filing where sufficient cause shown. * Civil procedure – wrong citation of statute does not invalidate proceedings where jurisdiction exists. * Test for sufficient cause – delay beyond administrator’s control, absence of negligence or bad faith; beneficiaries’ consent relevant.
2 October 2025
Court allowed extension of probate and time to file inventory where delay was excusable and beneficiaries consented.
Succession Act – extension of probate/letters of administration – failure to file inventory and account – excusable delay due to co-administrator's death – beneficiaries' consent – court’s discretion to extend and renew grant.
2 October 2025
Court granted extension of letters of administration and leave to file inventory where sole beneficiary consented and delay was excusable.
* Succession Act – extension of Letters of Administration – conditions under s.256(3): best interests of beneficiaries, compliance, beneficiary consent. * Succession procedure – filing of inventory and accounts – s.273(1) requirements and excuses for non-compliance. * Administration of estate – third-party encumbrances and mediation as grounds for delay. * Discretionary relief – court may allow filing out of time and renew grant where applicant shows sufficient cause.
2 October 2025
Court extended letters of administration two years and allowed late filing of inventory due to estate recovery difficulties.
Succession Act – extension/renewal of letters of administration; enlargement of time to file inventory and final account; sufficient cause and discretion of court; beneficiaries’ consent; inherent jurisdiction to prevent injustice.
2 October 2025
Application to extend time to file estate inventory dismissed for failure to show sufficient cause and lack of beneficiary proof.
Succession law – Inventory filing – Section 273(1) Succession Act – extension of time – sufficient cause – administrators’ duty to explain delay; beneficiaries’ consent; exercise of judicial discretion.
2 October 2025
Extension of letters of administration refused because applicants failed to obtain beneficiaries' consent despite outstanding estate matters.
Succession Act – extension of letters of administration – expiry of grant – Section 337(2),(4); Inherent jurisdiction of court to grant extensions (Civil Procedure Act, Judicature Act); administration of estate – unresolved title deed matters; beneficiary/family consent as factor in granting extensions.
2 October 2025
Extension of letters of administration refused; inventory delay excused but cannot be filed due to expired non-operative grant.
Succession Act s.337(2),(4) – extension versus renewal of grants; Succession Act s.273(1) – duty to file inventory and accounts; sufficient cause for extension of time; effect of expired/non-operative grant; beneficiary consent; estate administration impeded by land dispute and related litigation.
2 October 2025
Court granted an eight-month extension of expired letters of administration due to property complexities and beneficiary consent.
Succession Act s.337(2)&(4) – Extension of expired letters of administration – Grants issued before 31 May 2022 – Estate administration complexities (special titles, land board processes, surveyor delays) – Beneficiary consent – Court discretion to grant limited extension and impose timetable for final accounts.
2 October 2025
Probate obtained on a forged will is void; the disputed Bwaise land remained part of the deceased's estate and probate is revoked.
Succession law – validity of wills – forgery of signature; requirements for attestation under Succession Act; protection of illiterate witnesses (Illiterates Protection Act); probate and effect of pending caveat; gift inter vivos of registered land requires registered transfer; revocation of probate obtained by fraud.
2 October 2025
Whether Letters of Administration should be extended where the administrator delayed inventory filing and lacks all beneficiaries' consents.
Succession Act — Extension of Letters of Administration — requirements: best interests of beneficiaries, compliance with statutory duties, and consent of all beneficiaries; duty to file inventory and account; court’s discretion to grant partial relief.
1 October 2025
Court allowed extension of letters of administration and leave to file final account due to land-survey delays and sole beneficiaries.
Succession Act – extension of Letters of Administration – requirements under Section 256(3) – filing of inventory and final account – delays caused by land surveys and title processing – beneficiary consent and best interest test.
1 October 2025
September 2025
Court granted the applicant leave to file inventory and account out of time in the interests of justice.
Succession law – extension of time to file inventory and account under s.273(1) Succession Act and Order 52 CPR – Administrator General – administrative delays, beneficiary inaction and reassignment of officers – interest of justice – compliance with court timelines.
30 September 2025
Court allowed extension of letters of administration and leave to file inventory where beneficiaries consented and outstanding estate issues remained.
* Succession Act – extension of grant of probate/letters of administration – Sections 256 and 337 – conditions for extension (best interest of beneficiaries, compliance, beneficiary consent). * Civil procedure – leave to file inventory and account out of time – evidentiary scrutiny of filings on court file. * Estate administration – unresolved property issues (encroachment; mutation of burial ground) as sufficient cause for extension.
30 September 2025
Court granted two-year extension of Letters of Administration and set deadlines after beneficiaries consented.
* Probate/administration – Extension of Letters of Administration – Court may extend grant where beneficiaries consent. * Probate/administration – Extension of time – Filing of inventory and final account – Court-imposed timelines to facilitate estate administration. * Civil procedure – Parties’ consent – Beneficiaries’ agreement as a material factor in granting extensions.
30 September 2025
Marriage dissolved for cruelty; mother awarded primary custody; respondent ordered to pay increased child maintenance and school costs.
Family law – Divorce – Grounds for dissolution: cruelty established by physical injury to a child and financial exploitation; adultery not sufficiently proven. Child welfare – Custody: primary custody to mother of young children; reasonable visitation to father. Maintenance – Respondent ordered to increase monthly maintenance and pay school fees and medical expenses. Alimony – large lump sum claim denied where petitioner has earning capacity.
26 September 2025
Court revoked probate obtained by fraud, found Administrator negligent and Registrar’s caveat removal unlawful.
Succession law – fraud in procurement of Letters of Administration – revocation under section 230; Administrator General – duty to verify Succession Register and fiduciary duty when issuing Certificates of No Objection; Land law – removal of caveats requires mandatory notice under section 124(1) Registration of Titles Act; Remedies – revocation, injunction, damages and costs.
26 September 2025
Court allowed late filing of estate inventory for sufficient cause, imposed detailed content and 30‑day deadline.
Succession Act s.273(1) – requirement to file inventory and account; extension of time – sufficient cause, dilatory conduct, and injustice; Executors’ duty to exhibit known estate assets despite pending suits; content and timeframe for late inventory and accountability.
26 September 2025
Court granted executors leave to file an out-of-time inventory and account, specifying required contents and a 30-day deadline.
Succession law – Section 273(1) Succession Act – extension of time to file inventory and accounts – sufficient cause – dilatory conduct – injustice to beneficiaries – required content of out-of-time inventory and accountability.
26 September 2025
Court extended letters of administration two years after finding sufficient cause and consent of adult beneficiaries.
Succession Act, s.256(2)-(4), s.273(1) – Extension of Letters of Administration – Requirements: best interests of beneficiaries, compliance with Act, consent of beneficiaries – Pending civil litigation affecting estate property – Filing of inventory and account as precondition to renewal.
26 September 2025
Application to set aside ex parte proceedings dismissed for effective service, lack of sufficient cause and no plausible defence.
* Civil procedure – Setting aside ex parte proceedings – requirement to show sufficient cause; effective personal or substituted service; need for plausible defence likely to succeed. * Civil procedure – Service of process – affidavit of service, recorded telephone instruction and substituted service as proof of effective service. * Civil procedure – Procedure – correct invocation of Order 9 rules (rule 12 for defendants who did not file a defence; rule 27 for those who filed but failed to attend).
26 September 2025