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Citation
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Judgment date
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| November 2023 |
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Court upheld interim consent order recorded with counsel's agreement and dismissed challenge for lack of proven prejudice.
Family division – Consent orders – Validity and enforceability of consent judgments – Grounds for setting aside consent (fraud, mistake, illegality, prejudice) – Court’s review jurisdiction (Section 82 Civil Procedure Act; Order 46 Rule 1) – Effect of absence of signatures where counsel consented in court – Use of Court’s inherent powers (Section 98).
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17 November 2023 |
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Consent recorded by court with counsel's agreement upheld; applicants' challenge dismissed for failing to prove grounds.
Civil procedure – Consent judgments – parties free to settle – consent may be recorded orally or in writing. Review of court orders – Section 82 Civil Procedure Act and Order 46 Rule 1 CPR – grounds: mistake apparent on face, new evidence, or other sufficient reason. Setting aside consent – requires proof of fraud, mistake, ignorance of material facts, contravention of court policy or demonstrable prejudice. Representation – consent given by counsel in court can bind parties and be validly recorded by a judicial officer.
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17 November 2023 |
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Court found cruelty amounting to irretrievable breakdown; granted joint custody, equal property share and UGX 20,000,000 alimony.
Family law – Divorce – Validity of church marriage; cruelty as ground for divorce; irretrievable breakdown. Child law – Welfare paramount – joint custody of minor; maintenance until completion of tertiary education. Matrimonial property – joint acquisition, non‑monetary contributions, division of sale proceeds; defective bank sale documentation. Reliefs – decree nisi, equal division of proceeds, alimony, costs.
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17 November 2023 |
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Mother, as administrator and statutory guardian, granted guardianship and authorised to remove caveat and register minors on title.
Guardianship – appointment of guardian – welfare of the child as paramount consideration – Children Act and Constitution. Succession (Amendment) Act – statutory guardian and priority of parent as guardian. Administration of minor’s property – caveat removal and land registration – court authority to direct Commissioner, Land Registration. Administrator of estate – rights to protect minors’ share of estate.
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10 November 2023 |
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Court granted the applicant guardianship and ordered removal of caveat and minors' land registration.
Guardianship – appointment of legal guardian of minors – welfare/best interests principle (Children Act; Constitution; UN Convention). Succession – statutory guardianship and administrator’s role under Succession (Amendment) Act 2022. Land registration – authority to lift caveat and register minors as co-proprietors; court order directing Commissioner Land Registration. Administration of deceased’s estate – protection and registration of minors’ property.
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10 November 2023 |
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Interim custody to the father upheld where welfare checklist and risk of harm justified temporary removal from mother.
Family law – interim custody – Children Act (Sections 3 and 73A) – welfare checklist and paramountcy of child’s welfare. Interim relief – threshold for interim custody where child is suffering or likely to suffer harm; proportionality and status quo considerations. Appellate review – duty to re-evaluate evidence but respect for trial court’s welfare-based findings. Use of medical reports, audio evidence and police statements in assessing risk to children; recommendation for expert assessments and counselling.
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10 November 2023 |
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Court set aside a consent judgment affecting estate land after applicants alleged illegality, fraud and denial of a hearing.
Civil procedure – Consent judgments – Review and setting aside – Scope of review under Section 82 Civil Procedure Act and Order 46 Rule 1 – Relief where consent allegedly procured by illegality, fraud, mistake or without hearing of interested parties. Land law – Disputed title/administrators of estates – Allegations of renumbering/subdivision and denial of hearing as grounds for review.
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7 November 2023 |
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Application to set aside dismissal and reinstate suit dismissed as res judicata, procedurally defective, and misconceived.
Civil procedure – res judicata; identity of parties, issues and reliefs – application barred where matter conclusively determined previously. Civil procedure – affidavits – requirement of written authority under Order 1 Rule 12(2) CPR; affidavit sworn on behalf of others without written authority is defective. Civil procedure – dismissal for want of prosecution – reinstatement not appropriate remedy; remedy is appeal or fresh suit (subject to limitation). Costs awarded for successful preliminary objections.
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7 November 2023 |
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7 November 2023 |
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Plaintiff (not a qualified advocate) obtained letters and title as a lay agent; awarded UGX 5,000,000; other claims dismissed.
Estate administration — holding out as advocate — lay person instructed to obtain Letters of Administration and Special Certificate of Title — entitlement to reasonable reimbursement — evidentiary requirement of receipts — refusal of revocation or fines for lack of proof — service and timing of Written Statement of Defence preserved by prior ruling.
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6 November 2023 |
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Plaintiff held out as an advocate but acting as a lay agent is granted UGX 5,000,000 reimbursement from the estate.
Estate administration; holding out as advocate; entitlement to reimbursement for expenses; requirement of receipts and proof; limitation of remedies where not proved; procedural service and maintenance of defence; orders for handover of original letters, caveat withdrawal and injunction.
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6 November 2023 |
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2 November 2023 |
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Court severed joint tenancy and partitioned two commercial properties, allocating one plot to each party and directing registration and injunctive protection.
Land law – joint tenancy – presumption of joint tenancy where multiple proprietors; severance and partition – grounds include breakdown of joint use, exclusion from possession and unequal contributions; Article 26 (right to property) and Human Rights (Enforcement) Act jurisdiction; locus in quo used to assess occupation and use; equitable allocation of interests and registration directions.
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1 November 2023 |
| October 2023 |
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26 October 2023 |
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Court upheld Magistrate’s jurisdiction, recognised indirect contributions, reduced property award to 35% and upheld UGX 10,000,000 alimony.
Family law – Divorce – Jurisdiction of Magistrate Grade I under Divorce Act where parties are Ugandans. Matrimonial property – determination of matrimonial home; recognition of indirect and non-monetary contributions (household duties, childcare, supervision of works) as basis for a share. Property division – court discretion to adjust percentage share based on contributions and circumstances (50% reduced to 35%). Alimony – rehabilitative lump sum awarded where respondent lacks independent income. Remedies – valuation by Chief Government Valuer and mechanics for payment and occupation pending compensation.
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25 October 2023 |
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25 October 2023 |
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Appellant failed to prove cruelty, conversion, or wrongful occupation; lower court judgment dismissing divorce upheld.
Family law – divorce – cruelty (denial of conjugal rights) – necessity of corroborative evidence and proof of grave or probable injury; family law – alleged conversion of spouse – requirement of evidence for nullification; matrimonial property – occupation and completion of family home by spouse; appellate review – re-evaluation of evidence and deference where trial court credibility findings supported.
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19 October 2023 |
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Court granted an interim stay of execution pending determination of the substantive stay application and appeal.
Civil procedure – Interim stay of execution – Conditions for grant: competent notice of appeal; substantive application; serious threat of execution – Filing bill of costs and extraction of decree constitute commencement of execution – Unproven assertions of justification for altering suit land insufficient to defeat interim relief.
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17 October 2023 |
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12 October 2023 |
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12 October 2023 |
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11 October 2023 |
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A non‑Ugandan spouse who has fostered a child may be granted adoption if it serves the child's best interests.
Adoption law — Jurisdiction where applicant is non‑citizen; statutory qualifications for adoption (age, age difference, residence, foster period, good conduct, consent, financial capacity); waiver of foreign probation recommendation in exceptional circumstances; consideration of Alternative Care Panel report; paramountcy of child's best interests; protection of child's right to contact biological parent.
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10 October 2023 |
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Registered title is prima facie indefeasible but excess land may be severed and caveat maintained where wrongful inclusion is proved.
Succession law – caveat against grant of letters of administration – caveatable interest of registered proprietors. Land law – indefeasibility of certificate of title – exception where fraud or wrongful inclusion is proved. Evidence – conduct and corroborative documents can establish a sale despite absence of signature; pleading requirements and burden to prove allegations (including illiteracy) are mandatory. Remedies – severance of title, survey and mutation costs, injunction, vacating caveat, amendment of petition.
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6 October 2023 |
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Appeal against taxation was dismissed because the appellant failed to effect timely service, depriving the court of jurisdiction.
Advocates' costs taxation – instruction fees – challenge to quantum – not reached because preliminary objection succeeded. Civil procedure – service of summons – Order V CPR (Rule 1(2),(3),(5)) – mandatory 21‑day service rule and requirement for affidavit of service. Appeals and references – Advocates (Taxation of Costs) (Appeals and References) Regulation 10 – service in accordance with Order V. Time limits – extension application must be made within 15 days after expiry of initial 21 days; failure deprives court of jurisdiction.
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6 October 2023 |
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5 October 2023 |
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Court dissolved the marriage for cruelty, denied adultery, granted petitioner physical custody, ordered equal maintenance and divided specified property.
Family law – divorce – cruelty established; adultery not proved; custody – physical to petitioner, joint legal custody; maintenance – equal parental contribution; matrimonial property – presumption of contribution, title evidence, specific properties found non-matrimonial or matrimonial and division orders; privacy and harassment – permanent prohibition against stalking ordered; costs – each party bears own costs.
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5 October 2023 |
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A non‑Ugandan single male failed to meet statutory adoption safeguards; petition dismissed as not in child's best interests.
Adoption — statutory requirements — fostering for at least 12 months under probation and social welfare supervision; non‑Ugandan adopters — section 46 conditions (residence, reports, foreign recognition); sole male applicant adopting female child — special circumstances required; court cannot waive essential statutory safeguards; child’s welfare paramount.
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4 October 2023 |
| September 2023 |
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Adoption order obtained by fraud was rescinded; biological parents’ rights restored and criminal investigation ordered.
Children law – Inter-country adoption – adoption obtained by fraud or misrepresentation – review and rescission of adoption order under s.46A Children Act – restoration of parental responsibility – court’s jurisdiction to review adoption orders.
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29 September 2023 |
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Review granted and adoption rescinded where adoption was procured by fraud; biological parents’ rights restored.
Family law – Adoption – Inter-country adoption – high standards and court as guardian in best interests of the child Civil procedure – Review (Section 82 CPA; Order 46 R.1 CPR) – discovery of new evidence and fraud as grounds for review Children Act – rescission of adoption order where obtained by fraud or misrepresentation (s.46A) Fraud and misrepresentation – vitiation of judicial orders and consequences (restoration of parental rights; administrative and criminal follow-up)
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29 September 2023 |
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Adoption order procured by fraud rescinded; biological parents' parental rights restored and criminal investigation recommended.
Family law – Adoption – Inter-country adoption – jurisdiction of Family Division under Administrative Circular No. 2 of 2020. Civil procedure – Review – Section 82 CPA and Order 46 CPR – discovery of new evidence, mistake, fraud. Children Act – Rescission of adoption order where obtained by fraud or misrepresentation; best interests of the child paramount. Administrative relief – cancellation of adoption entry and referral for criminal investigation.
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29 September 2023 |
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Magistrates' Courts retain jurisdiction in divorce matters between Africans despite high-value matrimonial assets; High Court may hear disputed matters.
Family law — Divorce jurisdiction — Magistrates' Courts may hear divorce petitions between Africans despite matrimonial assets exceeding civil pecuniary limits; procedural challenge to jurisdiction; proper forum for determination where jurisdiction is disputed.
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28 September 2023 |
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Respondent held in civil contempt for failing to surrender estate land titles; committed six months and ordered to pay UGX 20,000,000.
Civil contempt – disobedience of court orders – failure to surrender estate land titles as ordered – requisites: lawful order, knowledge, ability to comply, failure to comply.* Remedies for civil contempt – committal to civil prison, general damages, costs – preservation of original order until implementation.* Rule of law and enforcement of court orders – safeguarding administration of justice.
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27 September 2023 |
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Respondent found in civil contempt for refusing to surrender estate land titles; six months imprisonment and damages awarded.
Contempt of court – civil contempt for disobedience to court order to surrender estate land titles; requirements: lawful order, knowledge, ability to comply, wilful non‑compliance; sanctions include civil imprisonment and damages.
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27 September 2023 |
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27 September 2023 |
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Intercountry adoption granted after petitioners satisfied statutory requirements and court found adoption to be in child's best interests.
Children Act — Inter‑country adoption — statutory requirements (age, residence/fostering period, consent, home‑study, clearances) — welfare principle — ascertainable wishes of the child — probation and social welfare report — registration and consular notification.
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22 September 2023 |
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Inter‑country adoption granted where statutory criteria met and adoption found to be in the child’s best interests.
Inter‑country adoption; Children Act requirements (age, fostering/residence, criminal clearance, home study, Probation & Social Welfare report); welfare principle and ascertainable wishes of the child; dispensing with consent where parent untraceable; registration and consular notification.
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22 September 2023 |
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20 September 2023 |
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The applicant’s review of a consent judgment was dismissed; consent judgments stand absent fraud, collusion, or material error.
• Civil procedure — Review of consent judgment — Order 46 Rule 1 CPR; consent judgments binding; review only for fraud, collusion, mistake apparent on the face, ignorance of material facts, or newly discovered evidence. • Burden of proof — Applicant must prove grounds for review on the balance of probabilities. • Administration of estates — Consent settlement to revoke letters and appoint administrators; orders in consent must align with plaint.
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20 September 2023 |
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Whether counsel’s misinformation and COVID-19 disruptions constitute sufficient cause to set aside an ex parte dismissal.
Civil procedure – setting aside ex parte dismissal – Order 9 r.18 CPR – "sufficient cause" test; negligence or misinformation by counsel; honest intention and diligence of litigant; COVID-19 disruptions as excusing non-appearance; inherent powers under s.98 Civil Procedure Act; prejudice to respondent and exercise of judicial discretion.
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19 September 2023 |
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Court granted adoption to foreign foster parents after finding statutory requirements met and adoption in children’s best interests.
Adoption — non‑citizen applicants — statutory conditions: 12‑month stay, 12‑month supervised foster care, clean criminal record, home‑country recommendation and recognition. Adoption — abandonment — sufficiency of searches, newspaper/radio adverts and police enquiries to dispense with parental consent. Children — best interests — welfare reports, foster bond, medical needs, and permanence favored adoption. Change of name — adoption and identity — name change permitted to effect family integration.
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19 September 2023 |
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Court ordered exhumation for DNA paternity testing, balancing the child’s right to know genetic parentage against family trauma.
Family law – Paternity – Exhumation to obtain DNA sample – Whether court may order exhumation to determine genetic parentage where alternatives are inconclusive. Children law – Right/interest of a child to know genetic parentage – relevance to parental responsibility and inheritance under the Children Act. Civil procedure – Court’s inherent powers (s.98 CPA, s.33 Judicature Act) – discretion to grant DNA testing orders balancing competing family interests and potential harm. Forensic procedure – DNA testing by Government Analytical Laboratories as primary-source sampling.
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15 September 2023 |
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Court ordered exhumation for definitive paternity testing, balancing the child’s right to genetic identity and estate administration against potential harm.
Family law – Paternity – Exhumation to obtain DNA sample – Circumstances permitting exhumation for definitive parentage determination. Children’s rights – Right to know genetic parentage – Best interests and inheritance implications under the Children Act. Civil procedure – Inherent court powers (s.98 CPA; s.33 Judicature Act) – Discretion to order intrusive forensic measures balanced against potential abuse and harm. Evidence – Reliability of direct DNA from deceased versus testing of siblings/relatives.
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15 September 2023 |
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High Court grants intercountry adoption after finding petitioners met statutory requirements and the adoption served the child's best interests.
Children — Adoption — Intercountry adoption jurisdiction under s.44(1)(b); statutory requirements for intercountry adoption (age, residence, one-year foster care, criminal clearances, home study); waiver of foreign home assessment under exceptional circumstances; welfare principle paramount; termination of parental rights; ancillary relief (name change, passport, registration).
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14 September 2023 |
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14 September 2023 |
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Court revoked fraudulently obtained administration, granted probate, cancelled certain land registrations, and awarded damages.
Succession law – grant of Letters of Administration procured by fraud – revocation under Section 234 of the Succession Act. Probate – grant of probate to executor named in a valid Will where no contrary Will is proved. Land registration – cancellation of titles and subdivisions created pursuant to fraudulent administration; protection of third-party proprietors' right to be heard. Remedies – revocation of grant, substitution of registration, injunctions, restitution, damages and costs.
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12 September 2023 |
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Court revoked fraudulently obtained letters of administration, granted probate to the executor and cancelled certain fraudulent land registrations.
Succession law – Revocation of Letters of Administration obtained by fraud – Valid Will and grant of Probate; Land registration – cancellation/rectification of titles and subdivisions procured or acted upon through fraud; Third-party purchasers and fair hearing; Remedies: injunction, damages, costs, surrender of letters and inventory.
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12 September 2023 |
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Court granted adoption to the child’s step‑father, finding statutory requirements met and adoption to be in the child’s best interests.
Children Act – Adoption – jurisdiction where child is Ugandan and one applicant is non‑Ugandan – s.44(1)(b). Adoption qualifications – age, residency, foster period, no criminal record, financial capacity and parental consent – ss.45–47. Discretion to waive foreign probation recommendation and Alternative Care Panel report in exceptional family circumstances. Best interests of the child as paramount consideration – s.3 and relevant international instruments.
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12 September 2023 |
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6 September 2023 |
| August 2023 |
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A collateral challenge to letters of administration alleging fraud and lack of jurisdiction is not barred by res judicata.
Civil procedure — Preliminary objection — Res judicata — Administrators as privies — Distinction between ownership litigation and collateral challenge to letters of administration alleging fraud and lack of jurisdiction — Full hearing required.
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31 August 2023 |
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Appellate court found Karukwerezi matrimonial and ordered equal division, faulting trial reliance on locus visit and submissions.
Family law – Divorce – Distribution of matrimonial property – Distinction between matrimonial property and inherited/family property – Unchallenged contribution evidence may establish matrimonial property. Evidence – Submissions are not evidence; locus in quo may not introduce new facts not on record. Civil procedure – Appellate review – When appellate court may interfere where trial court overlooked material evidence or relied on non-evidential material.
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31 August 2023 |