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In the Matter of Civil Review by Timothy Allan Wznick and Hillary Jean Woznick (Civil Review 7 of 2023)

High Court · [2023] UGHCFD 108 · 2023 Application Dismissed; Adoption Order Rescinded AI-generated summary ↓ Download Pin to watchlist Add to matter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 arising from Family Cause No. 48 of 2019 of Jinja High Court
Decision
Adoption order rescinded; parental rights restored to biological parents; matter referred to CID for criminal investigation

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that it had jurisdiction to review the adoption order under Administrative Circular No. 2 of 2020, but declined the review application on the ground that the original adoption order was obtained through fraud and misrepresentation. The court found that the child's biological mother, Josephine Mbabazi, was alive and had not consented to the adoption, contrary to representations made during the original proceedings that she had died during childbirth. The adoption order was rescinded under s.46A of the Children Act on the basis that it was obtained through misrepresentation.

Outcome

Adoption order rescinded; parental rights restored to biological parents; matter referred to CID for criminal investigation

Facts

Timothy and Hilary Woznick obtained an adoption order for Katumba Francis in Family Cause No. 48 of 2019 from Jinja High Court. The adoption was granted on the basis that the child's mother, Faridah Mbabazi, had died during childbirth and the father, Ali Konde Sekitoleko, had consented, unable to care for the child. When the Woznicks applied for a visa at the American Embassy for the child, the application was declined on grounds that the child's mother was alive and had not consented. A private investigator confirmed that the child's biological mother, Josephine Mbabazi (not Faridah), was alive and working in Saudi Arabia. The biological mother then consented to the adoption. The Woznicks filed this review application seeking to amend the original order to reflect that the mother was alive and consenting. During proceedings, counsel Mugume Isaac admitted the adoption process was "stage managed," including a fabricated death certificate and a grave falsely identified as the mother's. The court found that the mother had been alive in Uganda during the original proceedings and had participated in previous adoption attempts.

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 review application to be granted.

Orders

  • The ruling and orders of the High Court in Family Cause No. 48 of 2019 are hereby set aside.
  • The adoption order granted to Timothy Alan Woznick and Hilary Jean Woznick is hereby rescinded in respect of the child Katumba Francis.
  • All responsibilities and rights which had been previously terminated by the adoption order in Family Cause No. 48 of 2019 in respect of Katumba Francis are hereby restored.
  • The Registrar of Births and Deaths is hereby 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.
  • Director Criminal Investigations Department (CID) should investigate both parents of the child (Ali Konde Sekitoleko and Josephine Mbabazi) and the lawyer (Mugume Isaac) with a view of preferring criminal charges against the culprits.

Rules and key headnotes

Family Law — Adoption — Jurisdiction — Inter-Country Adoptions — Administrative Circulars
The High Court Family Division has jurisdiction to review adoption orders made by other High Court circuits under Administrative Circular No. 2 of 2020, which directed that all inter-country adoption matters shall be handled by the Family Division of the High Court, Kampala.
Civil Procedure — Review — Grounds for Review — Discovery of New Evidence — Fraud
A court sitting in review will correct its own mistakes where those mistakes are apparent and obvious, but will not sit in review to correct fraudulent representations made in the presentation of a petition. Where an order is obtained through fraud and misrepresentation, the proper remedy is rescission under the relevant substantive law, not review.
Family Law — Adoption — Rescission of Adoption Orders — Fraud and Misrepresentation
Under s.46A(2) of the Children Act, an adoption order may be rescinded only if rescission is in the best interest of the child and the order was obtained through fraud or misrepresentation. Where an adoption order is granted on the false premise that the biological mother is deceased when she is in fact alive and has not consented, the misrepresentation goes to the very root of the adoption process and warrants rescission of the order.
Family Law — Adoption — Best Interests of the Child — Parental Consent
The welfare of the child is of paramount consideration in all matters affecting children under s.3 of the Children Act. Where parties present false information to the court regarding the death of a biological parent and fabricate consent, the court cannot sanction such misrepresentation even where the applicants claim to be acting in the child's best interests.
Family Law — Inter-Country Adoption — Standard of Proof — Orphaned and Abandoned Children
Under s.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 a child is adopted as an orphan but the biological mother is in fact alive and the father never abandoned the child, the adoption process is seriously flawed.
Family Law — Adoption — Effect of Rescission — Restoration of Parental Rights
Where an adoption order is rescinded under s.46A(3) of the Children Act, the adoption order ceases to apply in respect of the child concerned and all responsibilities, rights and other matters which had been previously terminated by the adoption order in respect of the child are restored.

Legislation cited (11)

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 Civil 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 of Civil Review by Timothy Allan Wznick and Hillary Jean Woznick (Civil Review 7 of 2023) [2023] UGHCFD 108 (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.