Uganda Case Law

Ogaba Vs Kilama

Ogaba Vs Kilama (CIVIL APPEAL No. 0051 OF 2015) [2018] UGHCCD 63 (25 October 2018)

Court

HC: Civil Division (Uganda)

Case number

CIVIL APPEAL No. 0051 OF 2015

Judge

Stephen Mubiru, J

Neither party proved customary ownership of the land by adducing evidence of applicable customary rules or acquisition in accordance with those rules. The dispute was reduced to possessory rights, not ownership. The respondent was found to be in effective control and possession of the land, as evidenced by physical occupation and cultivation. Possession is good against all except someone with better title, which the appellant failed to prove. The trial magistrate erred in dividing the land without evidentiary basis and in recording evidence from persons who had not testified in court. The app…

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• Customary Tenure
• Possessory Rights
• Prescription
• Abandonment
• Burden Of Proof

In Re: Sanyu Nowelia [child] (Family Cause 242 of 2013)

In Re: Sanyu Nowelia [child] (Family Cause 242 of 2013) [2014] UGHCFD 14 (3 March 2014)

Court

HC: Family Division (Uganda)

Case number

Family Cause 242 of 2013

Judge

Tuhaise, J

The court found that the child, Emmanuela Nowelia Sanyu, was abandoned by her biological mother and that all efforts to trace any relatives had failed. The applicants, Jesse William Steele and Summer Anne Steele, demonstrated financial stability, emotional suitability, and a willingness to provide a loving family environment. The evidence, including reports from child welfare authorities, confirmed the applicants' capacity and suitability as guardians. The court held that the best interests of the child would be served by granting legal guardianship to the applicants and permitting them to em…

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• Legal Guardianship
• Child Welfare
• Abandonment
• Emigration Of Child

In re Joan Akansasira (an infant)

In re Joan Akansasira (an infant) (Civil Application No. 35 of 2012) [2012] UGHC 196 (25 September 2012)

Court

High Court of Uganda

Case number

Civil Application No. 35 of 2012

Judge

Kwesiga, J

The High Court of Uganda granted legal guardianship of infant Joan Akansasira to Bradley and Holly Knight, finding that her welfare would best be served in their care.

• Legal Guardianship
• Child Welfare
• Abandonment
• Adoption Procedure
• Legal-guardianship
• Child-welfare

Re: An Application for Legal Guardianship of Richard Atukunda (Child) (Family Cause No. 179 of 2009) (FAMILY CAUSE NO. 179 OF 2009)

Re: An Application for Legal Guardianship of Richard Atukunda (Child) (Family Cause No. 179 of 2009) (FAMILY CAUSE NO. 179 OF 2009) [2010] UGHC 14 (10 February 2010)

Court

High Court of Uganda

Case number

FAMILY CAUSE NO. 179 OF 2009

Judge

Oguli Oumo, J

The court found that the child, Richard Atukunda, was abandoned and all efforts to trace his parents and relatives were unsuccessful. He was committed to the care of Ibanda Babies Home, but the home is constrained in its ability to provide for his needs. The applicants, James Keith Richards and Salem Rayye Miller, are American citizens, married, and have undergone thorough vetting including home study, criminal record checks, and medical examinations, all confirming their suitability as guardians. The applicants have expressed willingness and capacity to provide for the child's welfare, educa…

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• Legal Guardianship
• Child Welfare
• Abandonment
• Best Interests Of Child

In Re: Alex Malik Hodgkins (an infant) (Family Cause No. 131 of 2009)

In Re: Alex Malik Hodgkins (an infant) (Family Cause No. 131 of 2009) [2009] UGHC 174 (28 October 2009)

Court

High Court of Uganda

Case number

Family Cause No. 131 of 2009

The High Court of Uganda appointed Canadian applicants as legal guardians of an abandoned infant, finding the order served the child’s welfare and best interests.

• Guardianship
• Child Welfare
• Abandonment
• International Migration
• Child-welfare
• International-relocation

In Re: An Application by Meadow Merril for the Legal Guardianship of Ruth Alysia Hodkins (Infant) (Family Cause No 33 of 2005)

In Re: An Application by Meadow Merril for the Legal Guardianship of Ruth Alysia Hodkins (Infant) (Family Cause No 33 of 2005) [2005] UGHC 10 (12 July 2005)

Court

High Court of Uganda

Case number

Family Cause No 33 of 2005

The High Court of Uganda appointed Meadow Merril as legal guardian of an abandoned infant needing ongoing medical treatment abroad, guided by the child’s welfare.

• Guardianship
• Child Welfare
• Abandonment
• International Medical Treatment
• Child-welfare
• Medical-treatment-abroad