Uganda Case Law

Makokha v Namatovu

Makokha v Namatovu (Civil Revision 9 of 2022) [2023] UGHCFD 172 (20 November 2023)

Court

HC: Family Division (Uganda)

Case number

Civil Revision 9 of 2022

Judge

Nagawa, J

The High Court found that the Magistrate's Court acted within its jurisdiction in ordering a DNA test to establish paternity, as the applicant himself requested resolution of the paternity issue and the Children Act empowers courts to order such tests. The applicant was a party to the proceedings and the order was necessary to determine parentage, which is central to custody and maintenance matters. The court held that there was no illegality or material irregularity in the lower court's actions, and that the applicant failed to prosecute the revision application expeditiously. The interests…

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• Parentage Declaration
• Dna Testing
• Custody Orders
• Maintenance Orders

Makokha v Namatovu

Makokha v Namatovu (Civil Revision 9 of 2022) [2023] UGHCFD 103 (20 November 2023)

Court

HC: Family Division (Uganda)

Case number

Civil Revision 9 of 2022

Judge

Nagawa, J

The High Court dismissed a civil revision challenge to a DNA-testing order in a family cause, holding the magistrate acted lawfully within jurisdiction.

• Parentage Declaration
• Dna Testing
• Custody Orders
• Maintenance Orders
• Dna-testing
• Parentage

Fenzi v Nabbosa (Misc.Cause No 6 of 2012)

Fenzi v Nabbosa (Misc.Cause No 6 of 2012) [2013] UGHCFD 7 (6 September 2013)

Court

HC: Family Division (Uganda)

Case number

Misc.Cause No 6 of 2012

Judge

Kainamura, J

The court held that the application for maintenance and division of property was barred by the doctrine of res judicata because the issues raised could and should have been litigated during the divorce proceedings, which resulted in a consent judgment that was final and binding on both parties. The applicant, having failed to seek maintenance at the time of the divorce or to reserve the issue for future determination, could not now resurrect the matter. The court further found that the procedure adopted by the applicant was contrary to the requirements of Section 76 of the Children Act, which…

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• Child Maintenance
• Res Judicata
• Consent Judgment
• Custody Orders

In Re: Kawuki & 2 Ors ( Infants) (Adoption Cause No. 3 of 2005)

In Re: Kawuki & 2 Ors ( Infants) (Adoption Cause No. 3 of 2005) [2005] UGHC 63 (17 January 2005)

Court

High Court of Uganda

Case number

Adoption Cause No. 3 of 2005

The court found that the applicant, Elvanson Rovincer Nantongo-Gentry, had met all statutory requirements for adoption under the Children.s Act. She had supported and fostered the infants for a significant period, was closely related to them, and had sufficient means to provide for their welfare. Reports from both the Masaka District Probation and Social Welfare Officer and Grace Adoptions confirmed her suitability. The court emphasized that the welfare and rights of the children are paramount and that not granting the adoption order would likely result in serious jeopardy to the infants' wel…

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• Adoption Of Minors
• Welfare Of Children
• Custody Orders
• Statutory Requirements For Adoption