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…

Source excerpt

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

In Re: Kyeswa a (minor untill 2030),Batwawula 9minor untill 2027)& Sebaduka (minor untill 2014) (Family And Children’s Cause No.32 of 2018)

In Re: Kyeswa a (minor untill 2030),Batwawula 9minor untill 2027)& Sebaduka (minor untill 2014) (Family And Children’s Cause No.32 of 2018) [2019] UGHCFD 10 (17 October 2019)

Court

HC: Family Division (Uganda)

Case number

Family And Children’s Cause No.32 of 2018

Judge

Mutonyi, J

The High Court granted a limited guardianship order to a father to effect property transfers between his minor children, applying the welfare principle and noting both parents’ support.

• Guardianship Orders
• Welfare Of Minors
• Property Transfer By Guardian
• Fiduciary Duties Of Guardian
• Guardianship-orders
• Welfare-of-minors

In Re: Onen Cliff Mills and Laker Joy Onen (Minors)

In Re: Onen Cliff Mills and Laker Joy Onen (Minors) (Miscellaneous Civil Application No. 0022 of 2018) [2018] UGHCFD 6 (25 September 2018)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Civil Application No. 0022 of 2018

Judge

Stephen Mubiru, J

The High Court at Gulu granted a mother legal guardianship of her two minor children, subject to a UGX 500,000 non-cash bond and restrictions on dealing with their property.

• Guardianship Orders
• Child Welfare
• Parental Rights
• Estate Management
• Guardianship-orders
• Child-welfare

In Re: Gavin Terry Kaggwa & Ors (Misc. Cause No. 20 of 2016)

In Re: Gavin Terry Kaggwa & Ors (Misc. Cause No. 20 of 2016) [2017] UGHCFD 17 (14 August 2017)

Court

HC: Family Division (Uganda)

Case number

Misc. Cause No. 20 of 2016

Judge

Elubu, J

The High Court granted guardianship orders to two mothers for six children after their father died intestate, applying the welfare principle under the Children Act.

• Guardianship Orders
• Welfare Principle
• Parental Responsibility
• Letters Of Administration
• Guardianship-orders
• Welfare-principle

In Re: A M (a minor) (Adoption Cause No 12 of 2017)

In Re: A M (a minor) (Adoption Cause No 12 of 2017) [2017] UGHCFD 9 (6 June 2017)

Court

HC: Family Division (Uganda)

Case number

Adoption Cause No 12 of 2017

Judge

Tuhaise, J

The High Court has jurisdiction to hear the petition as one applicant is a non-citizen. Both petitioners meet the statutory requirements for age, marital status, residency, fostering, and criminal record. The child has been in their custody since 2013 under a guardianship order, and all efforts to trace her biological parents have failed, justifying dispensation of parental consent. The Probation and Social Welfare Officer's report and other evidence confirm the petitioners' suitability and the child's good health and integration into their family. The welfare principle dictates that the chil…

Source excerpt

• Adoption Of Minors
• Guardianship Orders
• Child Welfare Principle
• Parental Consent Dispensed
• Intercountry Adoption

Nelima & 2 Ors v Bank of Baroda (Uganda) Ltd

Nelima & 2 Ors v Bank of Baroda (Uganda) Ltd (Civil Suit No. 55 of 2015) [2017] UGHCLD 47 (2 May 2017)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 55 of 2015

Judge

Bashaija, J

The High Court held that the mortgage over the suit property was void, the defendant breached the guardianship order and fiduciary duty, and injunction and costs followed.

• Mortgage Validity
• Capacity Of Minors
• Fiduciary Duties
• Fraud In Banking
• Guardianship Orders
• Remedies And Injunctions

Leku & Anor v National Social Security Fund

Leku & Anor v National Social Security Fund (Miscellaneous Cause No. 0004 of 2016) [2016] UGHCCD 35 (24 June 2016)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause No. 0004 of 2016

Judge

Stephen Mubiru, J

The High Court at Gulu struck out an application for guardianship of a person of unsound mind because it failed to comply with mandatory procedural requirements.

• Procedure For Unsound Mind Applications
• Guardianship Orders
• Defective Pleadings
• Defective-pleadings
• Guardianship-orders
• Procedure-for-unsound-mind-applications

In the Matter of Ithungu & Mbumbu (infant)

In the Matter of Ithungu & Mbumbu (infant) (Civil Appeal Number 172 of 2015) [2016] UGCA 5 (27 April 2016)

Court

Court of Appeal of Uganda

Case number

Civil Appeal Number 172 of 2015

The Court of Appeal allowed an appeal on guardianship conditions and held the children could travel with their legal guardians to the United States, subject to welfare safeguards.

• Guardianship Orders
• Child Welfare Principle
• Inter Country Guardianship
• Best Interests Of Child
• Child-welfare-principle
• Guardianship-orders

In Re: Mudondo & Achipa (Both infants)

In Re: Mudondo & Achipa (Both infants) (Miscellaneous Cause No. 06 of 2014) [2014] UGHCFD 38 (3 July 2014)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Cause No. 06 of 2014

Judge

Tuhaise, J

The continued detention of the two minors by the Uganda Police under an unrecognized witness protection scheme was illegal and unconstitutional, as it did not conform to the requirements of the Constitution or the Children Act. The guardianship order granted to the 2nd applicant by the Magistrate Grade 1 Kalangala Family and Children Court was also unlawful, as the court lacked jurisdiction to grant guardianship to a non-Ugandan. The High Court, upon review of the relevant records and legal provisions, found that both the detention and the guardianship order were invalid. The children are to…

Source excerpt

• Habeas Corpus
• Guardianship Orders
• Child Custody
• Jurisdiction Of Magistrate
• Unlawful Detention

In Re: Tamale & Nakiliya (infants) (Family Cause No. 231 of 2013)

In Re: Tamale & Nakiliya (infants) (Family Cause No. 231 of 2013) [2013] UGHCFD 10 (17 October 2013)

Court

HC: Family Division (Uganda)

Case number

Family Cause No. 231 of 2013

Judge

Tuhaise, J

The court found that the applicants, John Matthew Conrad and Katie Marie Musselman Conrad, met all the requirements for legal guardianship under Ugandan law. The biological mother is unable to care for the infants, and the orphanage is a temporary solution. The applicants are a stable, law-abiding couple with the means and willingness to provide a loving home, emotional, psychological, and educational support. The best interests of the children require placement in a permanent family environment rather than institutional care. The legal framework, including the Constitution and Children Act,…

Source excerpt

• Guardianship Orders
• Child Welfare
• Best Interests Of Child
• International Relocation