Wakilii

Hopper v Hugh (Cause No. 17 of 1942)

East African Court of Appeal · [1942] EACA 19 · 1942 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Divorce petition with custody and maintenance issues
Decision
Divorce granted with custody to petitioner but child to remain in care of respondent mother; maintenance ordered

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

In a divorce case where the petitioner was granted custody of an infant child, the court ordered that the child remain in the control and care of the respondent mother until further order, with the petitioner having reasonable access. The petitioner was ordered to pay maintenance equivalent to Army family lodging allowance rates applicable to his rank.

Outcome

Divorce granted with custody to petitioner but child to remain in care of respondent mother; maintenance ordered

Facts

The petitioner, George Frederick Randolph Hopper, an Army Officer, brought a divorce petition against his wife Dorothy June Hopper, naming Lieutenant Hugh Guy as co-respondent. The petition was successful. The case involved determination of custody and maintenance arrangements for an infant child of the marriage.

Issues

  1. What custody arrangements should be made for the infant child of the marriage?
  2. What maintenance should be ordered for the child?

Orders

  • The petitioner to have the custody of the said child but until further order the said child shall not be taken out of the control and care of his mother the respondent, the petitioner to have reasonable access.
  • The said child shall not be taken out of the jurisdiction except by leave of the Court.
  • The petitioner shall pay to the respondent the costs in regards the issue of custody.
  • The petitioner shall pay to the respondent the sum of £13.10/- per month or such sum as shall be equivalent to the then current Army rates of family lodging allowance applicable to a person of the Army rank of the petitioner.

Rules and key headnotes

Family Law — Divorce — Custody of Infant Child — Custody to Petitioner with Care and Control to Respondent Mother
Where a petitioner is granted custody of an infant child in divorce proceedings, the court may order that the child remain in the control and care of the respondent mother until further order, with the petitioner having reasonable access, where such arrangement serves the child's welfare.
Family Law — Divorce — Child Maintenance — Army Officer — Family Lodging Allowance
Where a petitioner in divorce proceedings is an Army Officer, the court may order maintenance for an infant child calculated by reference to the current Army rates of family lodging allowance applicable to a person of the petitioner's rank.

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Hopper v Hugh (Cause No. 17 of 1942) [1942] EACA 19 (1 January 1942)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.