Uganda Case Law

Ruzindantaro v The School Management Committee Bishop Asili Memorial Nursery & Primary School

Ruzindantaro v The School Management Committee Bishop Asili Memorial Nursery & Primary School (Civil Suit 36 of 2022) [2025] UGHC 409 (11 June 2025)

Court

High Court of Uganda

Case number

Civil Suit 36 of 2022

Judge

Karoli Lwanga Ssemogerere, J

The defendant, acting in loco parentis, breached its duty of care and violated the constitutional and statutory rights of the plaintiff by releasing his minor daughter to a stranger without his consent, resulting in a five-year involuntary separation. The Constitution and Children Act vest parental rights and responsibilities in natural parents, and any delegation to third parties must be with parental consent. The defendant's admission of liability and the evidence from the minor and Probation Officer confirmed the breach and absence of justification. The plaintiff is entitled to general dam…

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• Child Custody
• Parental Rights
• Loco Parentis
• Damages For Breach Of Duty
• Constitutional Rights Of Children

Namara v Tukamwesiga

Namara v Tukamwesiga (Civil Appeal 15 of 2022) [2024] UGHCFD 54 (11 September 2024)

Court

HC: Family Division (Uganda)

Case number

Civil Appeal 15 of 2022

Judge

Nagawa, J

High Court appeal over child custody and maintenance dismissed. The court upheld staggered visitation and joint custody arrangements, and refused retroactive compensation.

• Child Custody
• Child Maintenance
• Parental Rights
• Welfare Of The Child
• Child-custody
• Child-maintenance

Mugesera v Uwera (Divorce Cause 147 of 2020)

Mugesera v Uwera (Divorce Cause 147 of 2020) [2022] UGHCFD 38 (13 June 2022)

Court

HC: Family Division (Uganda)

Case number

Divorce Cause 147 of 2020

Judge

Komuhangi, J

The High Court granted a divorce for desertion and cruelty, and ordered joint custody and equal maintenance arrangements for the parties’ two children.

• Divorce
• Child Custody
• Child Maintenance
• Parental Rights
• Child-custody
• Child-maintenance

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 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

Ochaya & Anor v Lamaro (Micellaneous Civil Application No. 0028 of 2017)

Ochaya & Anor v Lamaro (Micellaneous Civil Application No. 0028 of 2017) [2018] UGHCFD 5 (17 September 2018)

Court

HC: Family Division (Uganda)

Case number

Micellaneous Civil Application No. 0028 of 2017

Judge

Stephen Mubiru, J

The High Court at Gulu granted an adoption order for Lamaro Lillie Ochaya, finding the applicants met the statutory requirements and that adoption served the child’s best interests.

• Adoption Of Child
• Inter Country Adoption
• Welfare Principle
• Guardianship
• Parental Rights
• Adoption

In Re: Kayaga,Nabwanga & Masimbi (Miscelleneous Cause No. 32 of 2018)

In Re: Kayaga,Nabwanga & Masimbi (Miscelleneous Cause No. 32 of 2018) [2018] UGHCFD 23 (11 July 2018)

Court

HC: Family Division (Uganda)

Case number

Miscelleneous Cause No. 32 of 2018

Judge

Mukwaya, J

The High Court granted a mother legal guardianship over her three minor children’s land so she could mortgage it for their welfare and upkeep.

• Guardianship Order
• Welfare Of Children
• Administration Of Child Property
• Parental Rights
• Guardianship-order
• Welfare-of-the-child

Baguma Vs Mbabazi (HCT – 01 – CV – MA – NO. 0018 OF 2017)

Baguma Vs Mbabazi (HCT – 01 – CV – MA – NO. 0018 OF 2017) [2017] UGHCCD 155 (30 November 2017)

Court

HC: Civil Division (Uganda)

Case number

HCT – 01 – CV – MA – NO. 0018 OF 2017

Judge

Ojok, J

The court held that the applicant failed to satisfy all the conditions required for a stay of execution under Order 43 Rule 4(3) of the Civil Procedure Rules. While the application was filed without unreasonable delay and a notice of appeal was lodged, the applicant did not demonstrate that he would suffer substantial loss if the stay was not granted. The court found that the applicant had alternative accommodation and had already lodged a caveat to protect his interests in the property, making the risk of irreparable loss unsubstantiated. The court emphasized that the welfare and best intere…

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• Stay Of Execution
• Welfare Of Children
• Substantial Loss
• Appeals Process
• Security For Performance
• Parental Rights

In Re: EAA & ENA (Infants) (Family Cause 155 of 2015)

In Re: EAA & ENA (Infants) (Family Cause 155 of 2015) [2016] UGHCFD 1 (23 February 2016)

Court

HC: Family Division (Uganda)

Case number

Family Cause 155 of 2015

Judge

Tuhaise, J

The High Court granted a guardianship application by the biological parents to enable use of land registered in the children’s names for their welfare.

• Guardianship
• Best Interests Of Child
• Parental Rights
• Child Welfare
• Best-interests-of-the-child
• Child-welfare

Tibenderana James v Reem al Torki

Tibenderana James v Reem al Torki (Miscellaneous Application No. 15 of 2013) [2015] UGHCFD 42 (3 December 2015)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Application No. 15 of 2013

Judge

Tuhaise, J

The court found that the applicant, as the biological father, had provided uncontroverted evidence that the respondent unilaterally removed the child from Uganda and concealed his whereabouts, thereby violating the applicant's parental rights. However, the court held that a search and production order under section 62 of the Children Act was not available because the child was not removed from an 'approved home' as defined by the Act. The court further held that, given its inherent jurisdiction and the constitutional and statutory rights of parents and children, it was appropriate to issue a…

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• Child Custody
• Parental Rights
• Child Location Disclosure