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In the matter for a Petition for civil Review by Woznick and Jean (Civil Review 7 of 2023)

High Court · [2023] UGHCFD 170 · 2023 Application Dismissed; Adoption Order Rescinded AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of adoption order granted by Jinja High Court in Family Cause No. 48 of 2019
Decision
Adoption order rescinded; parental rights restored to biological parents; matter referred for criminal investigation

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Holding

Court held that it had jurisdiction under Administrative Circular No. 2 of 2020 to review adoption orders from other High Court circuits. However, the application for review was dismissed on grounds that the original adoption order was obtained through fraud and material misrepresentation — the child's biological mother was falsely represented as deceased when she was alive. The court rescinded the adoption order under Section 46A of the Children Act and directed criminal investigation of the parties involved in the misrepresentation.

Outcome

Adoption order rescinded; parental rights restored to biological parents; matter referred for criminal investigation

Facts

The applicants, Timothy Alan Woznick and Hilary Jean Woznick, were granted an adoption order by Jinja High Court in April 2020 for two children including Katumba Francis. The adoption was premised on the representation that Katumba's mother, Faridah Mbabazi, had died during childbirth and that his father Ali Konde Sekitoleko had consented to the adoption. When the applicants applied for a visa at the American Embassy, the application was declined on grounds that the child's mother was alive. Private investigation revealed that the child's biological mother, Josephine Mbabazi (not Faridah), was in fact alive and working in Saudi Arabia. The applicants sought review of the adoption order, but the court found that the original order was obtained through fraud — the mother was alive, a death certificate had been fabricated, the father and lawyer participated in the misrepresentation, and the mother had been involved in earlier adoption attempts. The mother testified she lived with the child until 2014 before travelling to work abroad.

Issues

  1. Whether the High Court has jurisdiction to review the judgment in Family Cause No. 048 of 2019
  2. Whether the applicants have sufficient grounds for the application for review to be granted

Orders

  • The ruling and orders in Family Cause No. 48 of 2019 are set aside.
  • The adoption order granted to Timothy Alan Woznick and Hilary Jean Woznick is rescinded in respect of the child Katumba Francis.
  • All responsibilities and rights previously terminated by the adoption order in Family Cause No. 48 of 2019 in respect of Katumba Francis are restored.
  • The Registrar of Births and Deaths is directed to cancel the entry in respect to the child's adoption.
  • The parents of Katumba Francis shall have full parental responsibility over their son.
  • The Director of Criminal Investigations Department (CID) should investigate the child's parents (Ali Konde Sekitoleko and Josephine Mbabazi) and the lawyer (Mugume Isaac) with a view to preferring criminal charges.

Rules and key headnotes

Family Law — Adoption — Jurisdiction — Inter-Country Adoption
Under the High Court of Uganda Administrative Circular No. 2 of 2020 on handling of inter-country adoptions, the Family Division of the High Court, Kampala has jurisdiction to handle all inter-country adoption matters including review of adoption orders granted by other High Court circuits.
Civil Procedure — Review — Grounds for Review — Discovery of New Evidence
An application for review based on discovery of new and important evidence will not succeed where the information was not undiscoverable but was known to the parties and deliberately concealed from the court. The court will not sit in review to correct fraudulent representations made in presentation of a petition.
Family Law — Adoption — Rescission of Adoption Order — Fraud and Misrepresentation
Under Section 46A of the Children Act, an adoption order may be rescinded where the order was obtained through fraud or misrepresentation and rescission is in the best interests of the child. Where an adoption was granted on the false premise that the biological mother was deceased when she was in fact alive and had not consented, the fraud goes to the very root of the adoption process and warrants rescission.
Family Law — Adoption — Best Interests of the Child — Paramount Consideration
The welfare of the child is of paramount consideration in all adoption proceedings under Section 3 of the Children Act. Courts act as wise parents on behalf of the child and rely on evidence presented by parties. Where parties present false information, the court cannot sanction such misrepresentation even where the child has formed a bond with the adoptive parents.
Family Law — Inter-Country Adoption — Standard of Proof — Last Resort Principle
Under Section 46(6) of the Children Act, inter-country adoption shall be considered as the last option available to orphaned, abandoned or legally relinquished children. The standard for inter-country adoption is high and the court acts as the child's guardian. Where the child was not orphaned, abandoned or legally relinquished, the statutory preconditions for inter-country adoption are not met.

Legislation cited (10)

Cases cited (4)

  • FX Mubuuke v UEB (High Court Misc. Application No. 98 of 2005)
  • Re Nakivubo Chemists (U) Ltd (1979) HCB 12
  • Zabwe Fredrick v Orient Bank and Others (Supreme Court Criminal Appeal No. 4 of 2006)
  • Nakaggwa v Kigundu (1978) HCB 310

Full judgment

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

In the matter for a Petition for civil Review by Woznick and Jean (Civil Review 7 of 2023) [2023] UGHCFD 170 (29 September 2023)
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.