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Kirabo & Anor v Namuganga (MISCELLANEOUS. APPLICATION No. 229 OF 2017) [2017] UGHCCD 209 (8 August 2017)
- Citation
- [2017] UGHCCD 209
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- HC: Civil Division (Uganda)
- Panel
- Elubu, J
- Case number
- MISCELLANEOUS. APPLICATION No. 229 OF 2017
- Language
- English
More details
- Court
- HC: Civil Division (Uganda)
- Panel
- Elubu, J
- Case number
- MISCELLANEOUS. APPLICATION No. 229 OF 2017
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the application was urgent because it concerned the welfare of minors, which could be jeopardised by delay. Applying the welfare principle under The Children Act, the judge determined that the matter should be heard during the court vacation to prevent further risk to the children involved.
Court disposition
application allowed
Orders
- Jinja M.C. No 20/2011 shall be heard during the pendency of the court vacation.
02
Material facts
Parties
Kirabo Annet
ApplicantBusingye Kellen
ApplicantNamuganga Millian Kayaga
RespondentAndrew Ssonko
Respondent03
Procedural history
Posture
Miscellaneous Application / Application for Certificate of Urgency
04
Questions and positions
Legal issues
- 01
Whether the application demonstrates sufficient urgency to warrant hearing during court vacation.
- 02
Whether the welfare of minors is at risk if the matter is delayed.
Party arguments
- Applicant
- The applicants argued that the matter concerns the welfare of several minors and that any delay in hearing the case would jeopardise their well-being. They requested the court to treat the application as urgent and to hear it during the court vacation.
- Respondent
- The respondents' arguments are not recorded in the ruling.
05
Court’s reasoning
Legal principles
- 01
Rules 3 and 4 of The Judicature (Court Vacation) Rules S.I 13-20
A presiding Judge may hear civil business during court vacation if, in his opinion, it is of an urgent nature.
- 02
Section 3 of The Children Act Cap 59
The welfare principle shall be the paramount consideration in matters relating to the upbringing of a child.
- 03
4th Schedule Clause 4 of The Children Act Cap 59
The court must be mindful of time when dealing with matters touching children.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the application was urgent because it concerned the welfare of minors, which could be jeopardised by delay. Applying the welfare principle under The Children Act, the judge determined that the matter should be heard during the court vacation to prevent further risk to the children involved.
Court disposition
application allowed
- Jinja M.C. No 20/2011 shall be heard during the pendency of the court vacation.
Source and reliance status
HC: Civil Division (Uganda)
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
HC: Civil Division (Uganda)
Judgment
THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT JINJA
MISCELLANEOUS APPLICATION No. 229 OF 2017 (Arising From Miscellaneous Cause No. 20 Of 2016) (Arising From Civil Suit No. 104 Of 2016)
1. KIRABO ANNET 2. BUSINGYE KELLEN APPLICANTS
VERSUS
1. NAMUGANGA MILLIAN KAYAGA 2. ANDREW SSONKO
RESPONDENTS
BEFORE: HON. JUSTICE MICHAEL ELUBU RULING
I have listened to the application for a certificate of urgency to have this matter heard during the pendency of the long court vacation for 2017.
Under Rules 3 and 4 of The Judicature (Court Vacation) Rules S.1 $13 - 20$ a presiding Judge may hear such civil business which in his opinion is of an urgent nature.
The instant application relates to a matter determining the welfare of a number of minors. The longer it remains unresolved, then the longer their welfare is jeopardised.
Under S.3 of The Children's Act, the welfare principle shall be the paramount consideration when handling, among others, matters relating to the upbringing of a child.
The court is also under a duty to be mindful of time when dealing with matters touching children (see 4<sup>th</sup> Schedule Clause 4 of The Children Act Cap 59.)
For the above reason I am satisfied that the urgent need has been established and Jinja M. C. No 20/2011 shall be heard during the pendency of this court vacation.
Application is allowed.
MICHAEL ELUBU JUDGE 8/8/2017
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