Natukunda v Friday (Civil Appeal 5 of 2023) [2024] UGHC 848 (29 August 2024)
Court
High Court of Uganda
Case number
Civil Appeal 5 of 2023
Judge
Mugabo, J
The High Court partly allowed a civil appeal over cohabitation property, finding the respondent proved only a 30% share and ordering each party to bear own costs.
Birungi v Kakyo (32 of 2022) [2022] UGHCCD 244 (11 November 2022)
Court
HC: Civil Division (Uganda)
Case number
32 of 2022
The High Court held that the lower courts correctly applied the welfare principle in granting custody of the minor to the respondent, as the appellant failed to provide compelling reasons for a change in custody and the respondent had been the primary caregiver. The court found that maintenance under the Children Act is limited to children under 18, but in exceptional circumstances, such as ongoing university education commenced while the child was a minor, the High Court may order continued parental support. The maintenance orders against the appellant were found to be excessive given his di…
Birungi v Kakyo (Civil Appeal No. 32 of 2022) [2022] UGHC 39 (11 November 2022)
Court
High Court of Uganda
Case number
Civil Appeal No. 32 of 2022
Judge
Wagona, J
The High Court held that the best interests and welfare of the child are the paramount considerations in custody and maintenance disputes. The evidence showed that the respondent had been the primary caregiver for the minor, and there were no compelling reasons to disturb the existing custody arrangement. Maintenance under the Children Act is limited to children under 18, but the High Court may, in exceptional circumstances, order continued support for education if the child is still in school and the parent has the means. The maintenance orders made by the lower courts were excessive given t…