|
Citation
|
Judgment date
|
| August 2024 |
|
|
|
29 August 2024 |
|
|
29 August 2024 |
|
|
28 August 2024 |
|
|
27 August 2024 |
|
|
26 August 2024 |
|
|
22 August 2024 |
|
|
21 August 2024 |
|
|
20 August 2024 |
|
|
5 August 2024 |
| July 2024 |
|
|
|
31 July 2024 |
|
|
30 July 2024 |
|
|
30 July 2024 |
|
|
25 July 2024 |
|
|
23 July 2024 |
|
|
22 July 2024 |
|
|
19 July 2024 |
|
|
15 July 2024 |
|
|
15 July 2024 |
|
|
1 July 2024 |
|
|
1 July 2024 |
|
|
1 July 2024 |
| June 2024 |
|
|
|
27 June 2024 |
|
|
10 June 2024 |
|
|
6 June 2024 |
| May 2024 |
|
|
|
28 May 2024 |
|
|
27 May 2024 |
|
|
24 May 2024 |
|
|
21 May 2024 |
|
|
21 May 2024 |
|
|
20 May 2024 |
| April 2024 |
|
|
|
30 April 2024 |
|
|
30 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 |
|
|
26 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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
|
18 April 2024 |
|
|
18 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 |
| 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 |
|
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 |
|
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 |
|
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 |
|
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 |
| February 2024 |
|
|
|
28 February 2024 |
|
|
26 February 2024 |
|
|
22 February 2024 |