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Citation
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Judgment date
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| June 2024 |
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10 June 2024 |
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6 June 2024 |
| May 2024 |
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28 May 2024 |
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27 May 2024 |
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24 May 2024 |
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21 May 2024 |
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21 May 2024 |
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20 May 2024 |
| April 2024 |
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30 April 2024 |
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30 April 2024 |
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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.
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26 April 2024 |
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26 April 2024 |
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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).
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25 April 2024 |
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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.
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24 April 2024 |
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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.
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24 April 2024 |
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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.
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22 April 2024 |
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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.
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22 April 2024 |
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18 April 2024 |
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18 April 2024 |
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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.
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2 April 2024 |
| March 2024 |
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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.
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20 March 2024 |
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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.
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18 March 2024 |
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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.
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15 March 2024 |
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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.
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12 March 2024 |
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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.
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11 March 2024 |
| February 2024 |
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28 February 2024 |
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26 February 2024 |
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22 February 2024 |
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15 February 2024 |
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Adoption denied: one subject is an adult and procedural defects plus best-interest concerns defeat the minor's adoption.
Family law – Adoption – Jurisdiction of High Court where petitioner resides abroad; statutory requirements for adoption under the Children Act; supervision and social inquiry by Probation and Social Welfare Officer; validity of Alternative Care Panel processes; adoption of a person who is already an adult; best interests of the child.
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12 February 2024 |
| January 2024 |
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31 January 2024 |
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25 January 2024 |
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25 January 2024 |
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17 January 2024 |
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16 January 2024 |
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15 January 2024 |
| December 2023 |
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Court revoked letters of administration for mismanagement and failure to account, appointing new administrators.
Succession law – Letters of Administration – revocation where grant becomes inoperative and administrators fail to file inventory or account; intermeddling – acts before and after grant; administrators’ fiduciary duties – omissions (refusal to sign documents) as mismanagement; company matters distinct from estate property; counterclaim for unpaid sale proceeds dismissed for lack of evidence.
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20 December 2023 |
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Adopted applicants lack locus to challenge intestate distribution of their birth parent’s estate; application and suit dismissed.
Civil procedure – interlocutory filing deadlines – affidavit in reply filed out of time struck off; Family law – effect of adoption – adoption extinguishes parental rights and bars inheritance from natural parents on intestacy (Children Act s.51, s.53(3)); Locus standi – adopted persons lack sufficient interest to sue over birth parent’s intestate estate.
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13 December 2023 |
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The Petitioner proved adultery, cruelty and desertion; court dissolved the marriage and apportioned matrimonial property accordingly.
Family law – Divorce – validity of foreign marriage – grounds for divorce: adultery, cruelty and desertion – proof on balance of probabilities – matrimonial property distribution – limits to distributing corporate assets absent proof of shareholding – Decree Nisi granted.
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8 December 2023 |
| November 2023 |
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Review of an injunction ruling dismissed: alleged record errors and post‑ruling police summons not grounds for review.
Civil procedure – Review of judgment – grounds: error apparent on face of record; discovery of new and important evidence; any other sufficient reason. Temporary injunction – requirements: prima facie case, irreparable harm, balance of convenience. Evaluation of evidence and factual disputes are for appeal, not review. Aggrieved party requirement for review – only person whose rights are prejudicially affected may seek review.
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30 November 2023 |
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30 November 2023 |
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Court ordered exhumation for DNA testing of minors while upholding presumption of legitimacy and adult privacy.
Civil procedure – Review under Section 82 and Order 46 Rule 1; Evidence – presumption of legitimacy (s.112 Evidence Act); Paternity/DNA testing – limits on compelling adults; Exhumation ordered for obtaining paternal sample for minors; Minors’ best interests and need for parental/motheral consent; Court’s discretion to balance justice and privacy.
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27 November 2023 |
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Court ordered exhumation for DNA paternity testing of minors despite no apparent error, stressing legitimacy presumption and consent requirements.
Family law – paternity – presumption of legitimacy under Evidence Act s.112; review of court orders (Civil Procedure Act s.82; Order 46) – standards for review (error apparent, new evidence, sufficient reason); DNA testing – consent requirements for adults, minors’ testing and mothers’/guardian consent; exhumation for parentage determination; balancing privacy and interests of justice.
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27 November 2023 |
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Application to be added as defendants dismissed for procedural defects, false affidavit, and lack of demonstrated legal interest.
Civil procedure – joinder of parties – Order 1 Rule 10 and 12 CPR – requirement for affidavits or written authority; Notice of Motion procedures – affidavits must support correct process; striking out affidavits containing material falsehoods; necessity to show direct legal interest for joinder.
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21 November 2023 |
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Court granted guardianship after finding statutory requirements met and placement was in the child’s best interests.
Children Act (ss. 43A, 43B, 43F) – Legal guardianship – eligibility, probation and social welfare report, absence of criminal record – best interests and welfare principle – registration and travel authorization.
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20 November 2023 |
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High Court grants legal guardianship after finding statutory requirements met and that guardianship serves the child’s best interests.
Children Act (Sections 43A–43M, 43F) – eligibility and statutory requirements for legal guardianship; Jurisdiction – High Court’s original jurisdiction over guardianship matters; Best interests principle – welfare of the child paramount; Probation and Social Welfare Officer home-study and recommendations; Requirements: Ugandan citizenship, absence of criminal record, exhaustion of alternative care; Registration, consular notification and travel authorization as ancillary directions.
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20 November 2023 |
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High Court refuses revision and upholds lawful DNA order to determine paternity, prioritising the child’s welfare and expeditious resolution.
Children Act – parentage and paternity – power to order biological/DNA testing under section 69; Family and Children’s Court jurisdiction; revision – High Court’s supervisory powers under Section 83 Civil Procedure Act; child welfare and expeditious handling of child matters; allocation of DNA test costs.
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20 November 2023 |
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High Court dismisses revision and upholds magistrate’s power to order DNA testing to determine parentage, with costs to applicant.
Children law – declaration of parentage – power to order DNA/blood tests under section 69 of the Children Act; Family & Children’s Court jurisdiction; revision — exercise of High Court’s supervisory powers; duty to expeditiously prosecute proceedings concerning children; costs of DNA testing and discretionary timelines.
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20 November 2023 |
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Inter‑country adoption granted: petitioners found statutorily suitable, adoption held in the child’s best interests and name change permitted.
Children Act (ss.44–48) – Inter‑country adoption – jurisdiction and statutory prerequisites (age, residence, fostering, home study, clear conduct, parental consent). Best interests of the child – welfare paramount; continuity, emotional ties and stability. Role of Probation and Social Welfare Officer – home study and recommendation. Change of name – incident to parent‑child relationship on adoption. Administrative steps – registration and consular notification.
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17 November 2023 |
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High Court granted inter‑country adoption after finding petitioners met statutory conditions and adoption served the child’s best interests.
Children Act — Inter‑country adoption — jurisdiction under section 44(1)(b). Adoption suitability — age, marriage, residence, fostering period, clearances, home‑study, probation report, parental consent. Child welfare principle — best interests paramount; continuity, bonding and cultural ties. Adoption consequences — termination of parental rights, custody and right to change name; registration and consular notification.
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17 November 2023 |