[2017] UGHCCD 209

[2017] UGHCCD 209

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.

Citation
[2017] UGHCCD 209
Parties
Applicant: Kirabo Annet; Applicant: Busingye Kellen; Respondent: Namuganga Millian Kayaga; Respondent: Andrew Ssonko
Court
HC: Civil Division (Uganda)
Jurisdiction
Uganda
Judgment Date
8 August 2017
Case Number
MISCELLANEOUS. APPLICATION No. 229 OF 2017
Procedural Posture
Miscellaneous Application / Application for Certificate of Urgency
Outcome
application allowed
Judges
Elubu, J
Legal Topics
Child Welfare, Court Vacation Procedure, Urgent Applications
Source Language
English
Family and Children Child Welfare Court Vacation Procedure Urgent Applications

Case Brief

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Parties

Kirabo Annet

Applicant

Busingye Kellen

Applicant

Namuganga Millian Kayaga

Respondent

Andrew Ssonko

Respondent

Procedural Posture

Miscellaneous Application / Application for Certificate of Urgency

Legal Issues

  1. 1 Whether the application demonstrates sufficient urgency to warrant hearing during court vacation.
  2. 2 Whether the welfare of minors is at risk if the matter is delayed.

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

Orders

  • Jinja M.C. No 20/2011 shall be heard during the pendency of the court vacation.