Re Peter Sebuliba alias Namansa James (Misc. Cause No. 37 oF 2009) ((Misc. Cause No. 37 oF 2009)) [2010] UGHC 124 (2 June 2010);


Search Summary: 

In this case the applicant sought for a writ of habeas corpus in respect of her biological
son. This was against another who was with the applicant’s son pursuant to an
adoption order that had been issued by a chief magistrate court. Major ground for this
was that the adoption order had been given without her consent.

Headnote and Holding: 

Court considered whether the adoption order granted by the magistrate’s court had
been fraudulent or unlawful and if so, whether it ought to be set aside. Court held that

the order would be set aside. Court was satisfied from the revision of the order granted
by the magistrates court that it had been obtained without the consent of the mother of
the child, that it had been obtained fraudulently and illegally for there was no service
of court process on the mother, for that matter despite the welfare principle that
probably was well catered for by the adoption order, it could not be allowed to stand
for it had been obtained illegally, fraudulently and without consent hence
painstakingly it was set aside by court.
Accordingly court granted the order for habeas corpus with several conditions to both
the parties involved.


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