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Uganda Case Law

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Family And Children [2024] UGHCFD 54

Namara v Tukamwesiga

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

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
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Family And Children [2021] UGHCFD 216

Esteri Ndizeye v Roland Ndizeye

Esteri Ndizeye v Roland Ndizeye (Miscellaneous Application No. 53 of 2018) [2021] UGHCFD 216 (21 April 2021)

The High Court refused to vary a joint custody consent order, finding no basis to set it aside and confirming that the children's welfare favored continued joint custody.

  • Child Custody
  • Consent Judgment Variation
  • Welfare Of The Child
  • Divorce Proceedings
  • Child-custody
  • Consent-judgment-variation
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Family And Children [2019] UGHC 26

IN RE NM & NEP (Infants)

IN RE NM & NEP (Infants) (Miscellaneous Cause No. 053 of 2018) [2019] UGHC 26 (11 December 2019)

The High Court granted guardianship of two children to their maternal aunt, holding that the children’s welfare was paramount despite the missing probation report.

  • Guardianship
  • Welfare Of The Child
  • Best Interests Of The Child
  • Children Act Application
  • Welfare-of-the-child
  • Best-interests-of-the-child
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Family And Children [2015] UGHCFD 41

Tibenderana v Reem AL - Torki (Divorce Cause No. 43 of 2012)

Tibenderana v Reem AL - Torki (Divorce Cause No. 43 of 2012) [2015] UGHCFD 41 (3 March 2015)

The court found that the respondent deserted the petitioner for over two years without reasonable cause, as evidenced by her departure, request for an Islamic divorce, and lack of effort to return or maintain the marital relationship. The court held that the marriage had irretrievably broken down, satisfying the legal requirements for dissolution. On the issue of custody, the court applied the welfare principle, noting the petitioner was the sole provider and the respondent had removed the child from his care. The best interests of the child required granting custody to the petitioner. The co…

  • Divorce
  • Child Custody
  • Desertion
  • Welfare Of The Child
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Family And Children [2008] UGHCFD 2

Kamukune v Rwabuhenda

Kamukune v Rwabuhenda (Civil Appeal 3 of 2008) [2008] UGHCFD 2 (28 November 2008)

The High Court quashed a custody order made for the child’s uncle, holding the application had no proper legal basis and custody should go to the mother.

  • Child Custody
  • Parental Rights
  • Welfare Of The Child
  • Custody Applications
  • Constitutional Rights
  • Child-custody
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Family And Children [2007] UGHC 41

In Re: Namuli Hadijah & Kaweesa Ibrahim (children) (Adoption Cause No. 68 of 2007)

In Re: Namuli Hadijah & Kaweesa Ibrahim (children) (Adoption Cause No. 68 of 2007) [2007] UGHC 41 (17 July 2007)

The High Court of Uganda granted Sophia Namutebi’s adoption petition, finding the statutory requirements met and the children’s welfare best served by the order.

  • Adoption Order
  • Requirements For Adoption
  • Welfare Of The Child
  • Adoption-order
  • Children-act
  • Welfare-of-the-child
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Family And Children [2004] UGHCFD 2

In Re: Kawesa (Minor) (Misc. Application No. 46 of 2003)

In Re: Kawesa (Minor) (Misc. Application No. 46 of 2003) [2004] UGHCFD 2 (2 September 2004)

The application failed because the applicants did not prove that Isaac Kawesa was a minor under the age of eighteen at the time of the application, which is a jurisdictional requirement for guardianship orders. The only evidence of age was an annotation on a land title, which indicated that Kawesa ceased to be a minor in 2004, making him ineligible for the relief sought. Furthermore, the applicants did not demonstrate how mortgaging the property would benefit the minor's welfare, nor did they show that the funds would be used for any of the facilities or rights guaranteed to children under th…

  • Guardianship Of Minors
  • Welfare Of The Child
  • Parental Responsibility
  • Proof Of Age
  • Property Management For Minors
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