Uganda Case Law

Oribi v Tuape (Family Cause 1 of 2024)

Oribi v Tuape (Family Cause 1 of 2024) [2024] UGHC 643 (11 July 2024)

Court

High Court of Uganda

Case number

Family Cause 1 of 2024

Judge

Acellam, J

The court found that while the Applicant is a paternal uncle and an adult of sound mind, the best interest of the minors remains paramount. The evidence did not establish special circumstances justifying depriving the biological mother of custody or appointing the Applicant as legal guardian. The minors' wishes were not ascertained, and the Applicant did not disclose his earnings, relying instead on family support. The Respondent demonstrated ongoing care and provision for the children. The court emphasized that the welfare of the children is the sole concern, and absent compelling reasons, c…

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• Guardianship Orders
• Custody Of Minors
• Best Interest Of Child

In The Matter of an Application of Guardianship By Kamwesigye (Mother) v Tumesigye (a Minor) (Family Cause 5 of 2022)

In The Matter of an Application of Guardianship By Kamwesigye (Mother) v Tumesigye (a Minor) (Family Cause 5 of 2022) [2022] UGHCFD 16 (11 October 2022)

Court

HC: Family Division (Uganda)

Case number

Family Cause 5 of 2022

Judge

Allan Nshimye, J

The High Court appointed a mother as guardian over her minor child’s proprietary rights to enable borrowing against jointly owned land for renovations benefiting the child.

• Guardianship Of Minors
• Minor's Property Rights
• Best Interest Of Child
• Joint Ownership
• Loan Security
• Parental Responsibility

In The Matter of Application For Guardianship by Nakazindo and Other v Nanyondo and Another (Family And Children’s Cause 1 of 2022)

In The Matter of Application For Guardianship by Nakazindo and Other v Nanyondo and Another (Family And Children’s Cause 1 of 2022) [2022] UGHCFD 13 (17 March 2022)

Court

HC: Family Division (Uganda)

Case number

Family And Children’s Cause 1 of 2022

Judge

Ojok, J

The court found that the applicant is the biological mother of the minors, has been their primary caregiver, and has demonstrated intent to act in their best interests. The property in question was acquired and registered in both her name and those of the minors, and the applicant seeks to manage it for their benefit. There is no evidence of adverse interest or incapacity. The court held that, in accordance with constitutional and statutory mandates prioritizing the welfare and best interests of children, the applicant is a suitable person to be granted guardianship and authorized to deal wit…

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• Guardianship Of Minors
• Best Interest Of Child
• Parental Rights
• Property Management For Minors

In the matter of a petition for adoption of Muwanguzi Jonathan & Kirungi Awesome (Infants) by Kerstin Maria Droll & Benedikt Thomas Droll (Adoption Cause 30 of 2020)

In the matter of a petition for adoption of Muwanguzi Jonathan & Kirungi Awesome (Infants) by Kerstin Maria Droll & Benedikt Thomas Droll (Adoption Cause 30 of 2020) [2020] UGHCFD 12 (26 February 2020)

Court

HC: Family Division (Uganda)

Case number

Adoption Cause 30 of 2020

Judge

Okalany, J

The High Court of Uganda granted a joint adoption by German citizens, found statutory requirements met, dispensed with parental consent for abandoned children, and approved name changes.

• Adoption Of Children
• Inter Country Adoption
• Best Interest Of Child
• Parental Consent Dispensed
• Foster Care Requirements
• Adoption

In Re: a petition for adoption of Edson Mugaga (child) by Anastasios Moutafis & Goegia Nelli Giannioti (HCT-14-FD-AD-0015-2019)

In Re: a petition for adoption of Edson Mugaga (child) by Anastasios Moutafis & Goegia Nelli Giannioti (HCT-14-FD-AD-0015-2019) [2019] UGHCFD 11 (8 October 2019)

Court

HC: Family Division (Uganda)

Case number

HCT-14-FD-AD-0015-2019

Judge

Mutonyi, J

The High Court granted a joint intercountry adoption to Greek petitioners for Edson Mugaga, waiving the 12-month fostering period because of exceptional circumstances and the child’s welfare.

• Intercountry Adoption
• Child Welfare
• Parental Responsibility
• Best Interest Of Child
• Intercountry-adoption
• Child-welfare

In Re NS (Adoption Cause No. 001 of 2019)

In Re NS (Adoption Cause No. 001 of 2019) [2019] UGHC 22 (23 July 2019)

Court

High Court of Uganda

Case number

Adoption Cause No. 001 of 2019

Judge

Murangira, J

The High Court granted Mryta Burpee’s adoption petition for NS, waiving the 36-month fostering requirement because adoption served the child’s best interests.

• Adoption Of Children
• Best Interest Of Child
• Fostering Requirements
• Parental Rights Extinguishment
• Adoption-of-children
• Best-interest-of-the-child

In Re: Apio Joyce, & Kisakye Grace & Anor (Adoption Cause No. 013 of 2018 and Adoption Cause No. 027 of 2018)

In Re: Apio Joyce, & Kisakye Grace & Anor (Adoption Cause No. 013 of 2018 and Adoption Cause No. 027 of 2018) [2018] UGHCFD 13 (10 December 2018)

Court

HC: Family Division (Uganda)

Case number

Adoption Cause No. 013 of 2018 and Adoption Cause No. 027 of 2018

Judge

Elubu, J

The High Court of Uganda granted adoption orders for Apio Joyce, Kisakye Grace, and Tibita Shakira, waiving the age-gap requirement in light of their best interests.

• Intercountry Adoption
• Best Interest Of Child
• Age Difference Waiver
• Parental Consent
• Foster Care Orders
• Intercountry-adoption

In Re: the Adoption of Miracle Jack (Adoption Cause No. 73 of 2018)

In Re: the Adoption of Miracle Jack (Adoption Cause No. 73 of 2018) [2018] UGHCFD 223 (25 September 2018)

Court

HC: Family Division (Uganda)

Case number

Adoption Cause No. 73 of 2018

Judge

Mukwaya, J

The High Court of Uganda granted an inter-country adoption of a child by a New Zealand married couple after finding statutory compliance and that the adoption served the child’s best interests.

• Intercountry Adoption
• Child Welfare Principle
• Parental Consent
• Adoption Procedure
• Best Interest Of Child
• Intercountry-adoption

In Re: an application by Edema (Family And Children Cause No. 0003 of 2017)

In Re: an application by Edema (Family And Children Cause No. 0003 of 2017) [2017] UGHCFD 13 (22 November 2017)

Court

HC: Family Division (Uganda)

Case number

Family And Children Cause No. 0003 of 2017

Judge

Stephen Mubiru, J

The High Court at Arua granted Rodrigo Boniface Edema guardianship of three orphaned children, applying the welfare principle and best interests of the child.

• Guardianship
• Welfare Principle
• Best Interest Of Child
• Parental Responsibility
• Best-interest-of-child
• Welfare-principle

In Re: Application for Legal Guardianship by Michale Cane, Jr. and Laura Jean Icardi (Family Cause No 02 of 2016)

In Re: Application for Legal Guardianship by Michale Cane, Jr. and Laura Jean Icardi (Family Cause No 02 of 2016) [2016] UGHCFD 11 (13 July 2016)

Court

HC: Family Division (Uganda)

Case number

Family Cause No 02 of 2016

Judge

Flavian, J

The High Court granted U.S. applicants legal guardianship of an abandoned child, holding the later 2016 amendment on non-Ugandan guardianship did not apply retrospectively.

• Legal Guardianship
• Intercountry Adoption
• Child Welfare
• Best Interest Of Child
• Legal-guardianship
• Intercountry-adoption