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Uganda Case Law

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Family And Children [1952] EACA 318

Ahmed v Mohamed

Ahmed v Mohamed (Cause No. 9 of 1951) [1952] EACA 318 (1 January 1952)

Custody dispute under Mohammedan law: the court held that the child’s intelligent preference and welfare favored the father’s custody, with maternal visitation preserved.

  • Custody Of Minors
  • Parental Rights
  • Mohammedan Law
  • Child Welfare
  • Intelligent Preference
  • Visitation Rights
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Family And Children [1946] EACA 74

Beg v Begum and Another (Divorce Cause No. 1 of 1946)

Beg v Begum and Another (Divorce Cause No. 1 of 1946) [1946] EACA 74 (1 January 1946)

On a true construction of the Mohammedan Marriage, Divorce and Succession Ordinance, the right to petition for dissolution of a Mohammedan marriage is restricted to the parties to the marriage, namely the husband and wife. The statutory language in Section 3(1) and 3(2) specifically refers to 'the parties thereto' and 'either party to such marriages,' which excludes any other person, including a guardian or parent. The Court's jurisdiction to hear and determine matrimonial causes is therefore limited to suits instituted by the husband or wife. The inclusion of Section 3(3), which directs the…

  • Dissolution Of Marriage
  • Mohammedan Law
  • Jurisdiction Of Court
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Family And Children [1942] EACA 49

Saggaf v Said

Saggaf v Said (Civil Apeal No. 10 of 1942) [1942] EACA 49 (1 January 1942)

Appeal allowed from a Kathi’s divorce decree for lack of evidence, denial of an opportunity to show cause, and no valid Mohammedan Law cause of action.

  • Dissolution Of Marriage
  • Maintenance Claims
  • Mohammedan Law
  • Cause Of Action
  • Procedural Fairness
  • Family-law
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Family And Children [1942] EACA 44

Saburi v Mzee

Saburi v Mzee (Civil Appeal No. 17 of 1941) [1942] EACA 44 (1 January 1942)

The East African Court of Appeal held that a Muslim mother could sue for her minor daughter's debt under either Shafi or Hanafi law, and dismissed the appeal.

  • Minor Guardianship
  • Mohammedan Law
  • Parental Suits
  • Custody Of Property
  • Minor-guardianship
  • Mohammedan-law
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Family And Children [1933] EACA 9

Bakari v Jabiri (C.C. 82/1932 (Mombasa).)

Bakari v Jabiri (C.C. 82/1932 (Mombasa).) [1933] EACA 9 (1 January 1933)

A child custody dispute under Mohammedan law. The court held that where all claimants are disqualified, the child’s interests are paramount and preferred the mother.

  • Guardianship Of Minors
  • Custody Disqualification
  • Mohammedan Law
  • Best Interests Of Child
  • Family-law
  • Child-custody
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Commercial And Corporate [1930] EACA 127

The Ex-Officio Agent of the Public Trustees v Fathil (C.A. 10/1930 (Msa.).)

The Ex-Officio Agent of the Public Trustees v Fathil (C.A. 10/1930 (Msa.).) [1930] EACA 127 (1 January 1930)

The court held that under Sheriah Bai Salami, the buyer was entitled to delivery of the copra or its market value, not mere refund of the money paid.

  • Sale Of Goods
  • Contract Performance
  • Mohammedan Law
  • Bai Salami
  • Remedies For Breach
  • Market Value Assessment
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Family And Children [1929] EACA 104

Ali v Khan (C.C. 15/1929 (Msa.))

Ali v Khan (C.C. 15/1929 (Msa.)) [1929] EACA 104 (1 January 1929)

A Mohammedan divorce petition succeeded after the court found the husband had deserted the wife for three years and failed to provide maintenance.

  • Divorce
  • Desertion
  • Maintenance Obligation
  • Mohammedan Law
  • Maintenance-obligation
  • Mohammedan-law
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Family And Children [1928] EACA 3

Satardin v Mahomed and Another

Satardin v Mahomed and Another (Criminal Appeal No. 14 of 1928) [1928] EACA 3 (1 January 1928)

The Court of Appeal held that a betrothal contract arranged by a parent without the direct consent of the daughter is void and unenforceable in Uganda, whether under Mohammedan law or otherwise. The court affirmed that parents have no authority to contract marriage on behalf of their children. Marriage brokerage contracts are void as against public policy, and no rights arise under them. However, the appellant is entitled to sue for the return of presents and money given in contemplation of marriage if the marriage does not take place, but not for moral or intellectual damages or an injunctio…

  • Marriage Contracts
  • Betrothal
  • Parental Authority
  • Mohammedan Law
  • Return Of Gifts
  • Public Policy
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Family And Children [1927] EACA 10

Diwansap v Kimemeta

Diwansap v Kimemeta (Civil Case No. 207 of 1927) [1927] EACA 10 (1 January 1927)

The court held that a wali was entitled to custody of a marriageable Muslim girl, and that the defendant’s maintenance claim did not defeat that right.

  • Custody Of Minor
  • Mohammedan Law
  • Wali Guardianship
  • Family-and-children
  • Child-custody
  • Islamic-law
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Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.