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Citation
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Judgment date
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| January 2023 |
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Court granted adoption: petitioners suitable and adoption was held to be in the children’s best interests.
Adoption — Children Act — paramount welfare principle — ascertainable wishes, needs and background of child Suitability of adoptive parents — age, residency, good conduct, foster care and prior guardianship Non‑Ugandan adopter — exceptional circumstances and residence requirement under section 46 Termination of parental rights and registration of adoption Consular notification and costs
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5 January 2023 |
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Counsel's mistake may justify setting aside ex parte divorce proceedings; matter to proceed inter partes and applicant pays costs.
Civil procedure – setting aside ex parte decree – Order 9 r27 CPR – service of summons/hearing notice – sufficient cause – negligence/mistake of counsel – costs.
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5 January 2023 |
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Ex parte divorce decree set aside for lack of proved effective service and sufficient cause to hear matter inter partes.
Civil procedure — Setting aside ex parte decree — Order 9 r.27 CPR — Requirement of due service or sufficient cause to set aside — Substituted service and proof of effective service — Affidavit formalities and competence of attorney’s affidavit — Interest of justice in family proceedings.
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5 January 2023 |
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Court revoked fraudulently obtained letters of administration, cancelled unlawful estate dealings, and awarded damages and costs.
Succession law – fraudulent procurement of letters of administration – effect of prior administration and final account – revocation of letters – indefeasibility and fraud under Registration of Titles Act – remedies: revocation, cancellation of title entries, accounts, damages and costs.
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4 January 2023 |
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Court revoked fraudulently obtained letters of administration, cancelled resultant titles, awarded damages and costs.
Succession law – administration of estates – revocation of letters of administration obtained by fraud; Effect of prior administration and final account on subsequent grants; Fraud as exception to indefeasibility of title; Cancellation of titles and restoration to estate; Duty to render accounts; Awards of damages and costs.
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4 January 2023 |
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An advocate who did not perform trial work lacks locus to claim trial-stage costs; predecessor’s bill must be annexed or filed separately.
Administration/Public Authority — Administrator General capacity and representation; Civil procedure — service of chamber summons — effect of date fixing; Taxation of costs — locus to tax bill — successor advocate cannot claim predecessor’s trial fees; Precedent — Bhatt and Hartjna Mtjlangwa principles applied to prevent claiming fees for services not performed; Constitutional right — entitlement to legal representation in enforcing costs.
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3 January 2023 |
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A successor advocate cannot claim instruction fees for trial services they did not perform; taxation order set aside and bills to be properly refiled.
Civil procedure — Taxation of costs — Locus of successor advocate — A successor advocate who did not conduct trial proceedings may not claim instruction fees for services not rendered; previous advocate’s bill must be annexed. Civil procedure — Service of chamber summons — Time runs from date hearing is fixed by Judge when registrar had endorsed summons without date. Statutory authority — Administrator General’s Act — Assistant Administrator General can swear affidavits and appear for the Administrator General.
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3 January 2023 |
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Administrator entitled to remove caveat blocking estate distribution where caveator’s basis for interest has lapsed.
Succession law – administrator's powers; Caveat – validity requires a lawful interest; Caveat removal where inventory shows beneficiary allocation and no risk of prejudice to beneficiary; Registrar directed to remove caveat.
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2 January 2023 |
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Administrator entitled to removal of an unjustified caveat obstructing estate distribution; Registrar directed to remove it.
Land law – Caveat – requirement of a caveatable interest; caveat invalid without such interest. Succession law – Administrator’s powers – sections 180, 192, 193 Succession Act – administrator as legal representative and right to vesting and distribution. Civil procedure – ex parte proceedings where respondent not represented after service by advertisement. Relief – removal of caveat and direction to Registrar/Commissioner of Land Registration.
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2 January 2023 |
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Consolidation granted before resolution of dispositive preliminary points denied applicants a fair hearing.
Civil procedure – Order 50 Rule 7 and Rule 8 – distinction between registrar's reference and appeal by motion. Civil procedure – Preliminary points of law – when a potentially dispositive point should be determined. Civil procedure – Consolidation of suits – may not be ordered where competence of a suit is still contested. Right to be heard – interlocutory rulings should not pre-empt pending dispositive preliminary objections.
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2 January 2023 |
| December 2022 |
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Applicants failed to show special circumstances or provide adequate security to justify stay of execution pending appeal.
Civil procedure – Stay of execution pending appeal – Requirements: notice of appeal; likelihood of success; imminent execution; risk of appeal being rendered nugatory; substantial loss; promptness; security for due performance – Inadequate security where land is encumbered and occupied by squatters – Discretion to refuse stay where successful judgment creditor would be unjustly deprived.
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23 December 2022 |
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Customary heirs may validly sell inherited land without letters of administration; postdated communal certificate is not conclusive.
Customary land — Inheritance and sale by heirs; Succession Act not a bar to heirs selling inherited customary interests; Locus in quo evidence — admissibility and cross-examination; Communal land certificate — effect when issued after sale; Competency of parties — deceased and unascertained persons; Appeal — evaluation of evidence by first appellate court.
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22 December 2022 |
| November 2022 |
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Consent judgment affecting matrimonial property set aside for violating applicant’s right to be heard and allegations of fraud.
Family law; review of consent judgment; setting aside consent decree for fraud, forgery or illegality; right to fair hearing; matrimonial property; competency of review where original defendant is deceased.
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17 November 2022 |
| October 2022 |
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21 October 2022 |
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11 October 2022 |
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11 October 2022 |
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11 October 2022 |
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11 October 2022 |
| September 2022 |
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16 September 2022 |
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16 September 2022 |
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Magistrate court had jurisdiction; ex parte hearing and reliance on unchallenged evidence were justified; appeal dismissed.
Family law – Divorce – Jurisdiction under s.3 Divorce Act – Magistrates may hear divorce where both parties are Africans irrespective of pecuniary value of properties. Civil procedure – Ex parte hearings – Willful absence, contempt and failure to produce evidence justify continuation. Evidence – Pleadings are not evidence; uncontroverted oral evidence may be relied upon. Civil procedure – Appeals – Grounds must be concise (Order 43(1)(2) CPR); overbroad grounds may be reformulated or dismissed.
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15 September 2022 |
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8 September 2022 |
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8 September 2022 |
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5 September 2022 |
| August 2022 |
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31 August 2022 |
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The applicant’s earlier grant prevails; the respondent’s subsequent concurrent grant is revoked and applicant declared administrator.
Succession law – Letters of Administration – Validity and revocation – A grant remains valid until revoked and concurrent grants over one estate cannot stand. Succession law – Priority of representatives – Closest kindred who first obtained grant entitled to administer estate. Succession law – Procedural compliance – Requirement to file inventory under s.278 of the Succession Act.
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26 August 2022 |
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24 August 2022 |
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23 August 2022 |
| July 2022 |
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14 July 2022 |
| June 2022 |
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A customary widow established entitlement to participate in administering intestate estate; caveat upheld and petitions consolidated.
Customary marriage – proof by family acceptance, ceremony photographs and spousal-consent documents.* Spousal consent and mortgage documentation as evidence of marital status.* Unregistered customary marriage not automatically void; prior dissolved monogamous marriage does not bar subsequent customary marriage.* Registration of title prima facie conclusive; burden to prove deceased contributed to acquisition or fraud to displace title.* Succession Act s.191 bars adjudication of proprietary rights before letters of administration are granted.* Competing administration petitions consolidated; caveat by lawful widow upheld.
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24 June 2022 |
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23 June 2022 |
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15 June 2022 |
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14 June 2022 |
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14 June 2022 |
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14 June 2022 |
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13 June 2022 |
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8 June 2022 |
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6 June 2022 |
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6 June 2022 |
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1 June 2022 |
| May 2022 |
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13 May 2022 |
| April 2022 |
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5 April 2022 |
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1 April 2022 |
| March 2022 |
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28 March 2022 |
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17 March 2022 |
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17 March 2022 |
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14 March 2022 |
| February 2022 |
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9 February 2022 |
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8 February 2022 |
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An administrator’s improper registration and sale of estate land amounts to gross mismanagement; bona fide purchasers remain protected.
Succession/Administration of Estates – administrator’s duties – requirement to file inventory and render accounts; mismanagement and misappropriation as grounds for removal. Land law – registration and transfers – effect of registered proprietorship and protection of bona fide purchasers for value without notice under the Registration of Titles Act. Civil procedure – pleadings and cause of action – requirements to plead and prove fraud; limitation for claims affecting estate land. Remedies – revocation of administration, injunctions, damages and nullification of unlawful agreements.
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7 February 2022 |