PART A.

BRIEF FACTS.
Sarah Muddu and Stephen Katsikano are the biological parents of Flower Katsikano, a girl
aged (14). Sarah and Stephen have been cohabiting for (16) years. Sarah Muddu works in
Saudi Arabia. When she left for Saudi Arabia last year, she left their daughter, Flower with
her husband. When she returned home in December 2024, she found out that Stephen was
having an affair with their house-help, Merida and that Merida had given birth to a baby boy.
Stephen does not deny paternity of this baby boy. Merida has been mistreating Flower and
Stephen is aware but has not taken any action. Flower informed her mother that her father
entered her bedroom on three occasions and touched her breasts and other parts of her body.
Flower has threatened to take poison if her mother returns to work and leaves her with her
father and the house-help. Sarah’s biological mother is ready and willing to raise Flower and
Flower loves her grandmother and is extremely comfortable with her. Sarah is due to return
to Saudi Arabia on 18.02.2025. She wants to ensure that when she returns to work, her
daughter will be safe and happy. Sarah wants the matter to be handled very fast so that she
does not miss her flight or prejudice her work.

ISSUES.

1.Whether Flower Katsikano has any remedies?

2.Whether there is any additional Information required?

LAW APPLICABLE.

The Constitution of the Republic of Uganda, 1995 as amended.

The Judicature Act, Cap. 16
The Children Act, Cap. 62
The Children (Family and Children Court) Rules, S.I 59-2
The Civil Procedure Act, Cap. 282
The Evidence Act, Cap. 8
The Advocates Act Cap. 295
RESOLUTION.

ISSUE 1. Whether Flower Katsikano has any remedies?

Define a Child.

Article 257(c) of the Uganda Constitution provides that a child means a person under the
age of eighteen years.

Article 34(5) provides that for purposes of employment, a child is a person below 16years

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Sect 2 of the Children Act Cap 62 defines a child as a person below the age of eighteen
years.

The Best Interest Principle.

Article 34(1) of the 1995 Constitution provides that subject to laws enacted in their own
interests.

Sect 3 (1) of the Children Act Cap 62 provides that the welfare of the Child shall be of
paramount consideration whenever a court determines any question in respect to the
upbringing of the Child.

Sect 3(3) of the Children Act Cap 62 provides that in determining any question court shall
have regard to;

The ascertainable wishes and feelings of the child, physical, emotional and educational
needs, the likely effects of changes in the circumstances, child’s sex any harm that the child is
likely to suffer and the Capacity of the parents of the Child.

Article 4 of the African Charter on the Rights and welfare of the Child read together with
Article 3 of the UN convention on the Rights of the Children provide that in all matters to
do with the children then the best interest principle is paramount.

In the Matter of Pulkeria Nakagwa v Dominiko Kiggundu (1978) The court emphasized
that in all matters to do with children the best interest principle is paramount. The court
therefore stated that a child of tender years was better placed with its mother but this is not
always the case and it can be done away with if its not in the best interest of the child.

The following are the available remedies

1.Interim custody order

1. Legal Basis:
 Article 34(1) of the Constitution: Grants children the right to know and be
cared for by their parents or lawful guardians, subject to laws enacted in their
best interests.
 Section 117 of the Children Act Cap 62: Allows a probation and social
welfare officer, mother, father, or guardian to apply for interim custody from
the Family and Children Court pending custody determination.
2. Procedure:
 Section 117(2) of Cap 62: Application must be supported by an affidavit from
the applicant.
3. Conditions for Grant:

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  Sect.117(3): Cap 62. Court may grant interim custody if:
(a) The child is suffering or likely to suffer harm if the order is not issued.
(b) The order is in the child’s best interests.
 Sect 117(4) of Cap 62. An interim custody order may, where appropriate,
contain any direction, prohibition or award.
4. Judicial Interpretation:
 In Esteri Akandwanaho v. Roland Ndizeye Sekaziga (Misc. Cause No. 53 of
2018), Justice Flavian Nzeija emphasized that the court must be convinced of
imminent harm to the child or that the order is necessary to serve the child’s
best interests.
 Necessary Documents
 Section 117(2) of Cap 62.
 Notice of Motion
 Affidavit in Support

2.Custody Order.

Article 34(1) of the 1995 Constitution provides that children have a right to care from their
parents and to remain with their families or caretakers unless it is in their best interests to be
separated.

Section 3 of the Children Cap 62 emphasizes that decisions about children must prioritize
their welfare, including their physical, emotional, and educational needs.

Key legal provisions under the Children's Act Cap 62:

1. Custody Orders (Section 116(1)): Courts may grant custody with specific conditions
to ensure the child’s welfare.
2. Sect 116(2) of Cap 62 provides that court may at any time, revoke the grant of
custody to one person and make the grant to another person or organisation.
3. Sect 116(2) of Cap 62 provides that in reaching the decision under subsection (1) or
(2), the court shall primarily consider the welfare of the child.
4. Sect 116(4) of Cap 62 provides that a person who unlawfully removes a child from
the lawful custody of another person or organisation commits an offence.
5. Custody Applications (Section 73A): Custody applications can be made by a
probation and welfare officer, a parent, or a guardian, particularly while awaiting the
final determination of custody.
In Pulkeria Nakaggwa v. Dominic Kiggundu (1978) HCB 310, the court underscored the
principle that decisions concerning children should align with what a wise and responsible
parent would do in the children’s best interests. A custody order is one tool used by courts to
uphold this welfare principle.

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In Ayiiya v Ayiiya Pet.No.8 of 1973. The court held that in determining the custody of a
child the court will consider which of the parties will best safeguard or ensure the welfare of
the Child.
Necessary Documents.
Rule 19 of the (Children family and children) court Rules.
Application
Affidavit in Support

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3. Custody Agreement: Section 118 of Cap 62 of the children’s Act provides for the
custody by agreement.
Sect 118(1) of Cap 62 provides that the parents of a child may enter into a written agreement
to determine which of them shall have custody of the child
Sect 118(2) of Cap 62. Court may recognize an agreement made between the parents of a
child giving the custody of the child to one of the parents, except where court finds that
enforcing the agreement would not be in the best interest of the child
Sect 118(3) of Cap 62. Court shall only recognize the agreement in subsection (1), if it is
satisfied that there was no duress or fraud involved in making the agreement.

From the Sarah is due to return to Saudi Arabia on 18.02.2025. She wants to ensure that
when she returns to work, her daughter will be safe and happy. In light of the limited time,
she can enter into a custody agreement.

ISSUE 2. Whether there is any additional Information required?

Additional Information.

Personal Information on the Children

 Full names, dates of birth, and schools attended.

 Academic and extracurricular interests, if relevant to custody arrangements.
 Any special medical, educational, or emotional needs.

2. Financial Information

 Monthly income, allowances, and other sources of income for both parents.
 Current and anticipated educational expenses, including school fees, uniforms,
supplies, and boarding costs.
 Details of any financial arrangements already made for the children (e.g., education
funds or insurance policies).
 Maintenance of the child.

3. Living Arrangements

 Description of the living environment each parent will provide for the children (e.g.,
proximity to school, space, and support systems).
 Any plans for shared living arrangements or transitions during the school year.

4. Parenting Roles and Preferences

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  Each parent's preferred custody model (joint custody or primary custody for one
parent).
 Proposed visitation schedules, particularly during holidays and weekends.
 Parenting responsibilities during their overseas travels.

5. Psychosocial Support Arrangements

 Details of counseling services arranged for the children.

 Acknowledgment from the children (if age-appropriate) about their preferences and
needs.

6. Travel Details

 When will she come back.

 Duration of the travel.
 Contingency plans for the children's care during these periods, including temporary
guardianship or oversight.

7. Dispute Resolution Clause

 Agreement on how future disputes regarding custody, access, or support will be

resolved (e.g., mediation or arbitration).

PART B.
BRIEF FACTS.
Grace and Mercy Ministries was founded by **Fred Bisoboka (Pastor Fred) ** in 2018 - It
operates **Jesus Cares Church (Bugiri), Grace and Mercy Schools (Bugiri), and Grace
Children Home (Bugiri)**. - The **Grace Children Home** houses **over 20 boys under
the age of 16**. 2. **Arrest & Allegations** - On **February 15, 2025, at 7:00 AM**,
Pastor Fred was **arrested by Uganda Police**. The arrest followed a **formal complaint**
of **serious child abuse and sodomy** made by the **area Local Council I (L.C.I)
Chairman**. - A **security guard** from Grace and Mercy Ministries led **three boys** to
the L.C.I Chairman’s home, where they reported cases of **sodomy** against Pastor Fred. 3.
**Ongoing Investigations** - **Ten boys under the age of 15** have reportedly been
**sodomised**. - The victims remain in **Grace Children Home**, and they are described
as **unwell and traumatized**. - Police investigations are **ongoing
ISSUES.
ISSUES.

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1.Whether there are any remedies available to ensure the protection and welfare of the
Children in Grace Children Home?
RESOLUTION.
ISSUE 1. What remedies are available to ensure the protection and welfare of the Children
in Grace Children Home?

TO: HONORABLE MINISTER RESPONSIBLE FOR CHILDREN

FROM: LEGAL OFFICER, MINISTRY OF GENDER, LABOUR AND SOCIAL
DEVELOPMENT
DATE: FEBRUARY 15, 2025
SUBJECT: URGENT LEGAL REMEDIES FOR THE WELFARE OF CHILDREN AT
GRACE CHILDREN HOME

1. Introduction

This memorandum provides legal guidance and immediate remedies to ensure the welfare
and protection of children at Grace Children Home, Bugiri District, following serious
allegations of child abuse and sodomy by the home’s founder, Pastor Fred Bisoboka. The
Ministry must act swiftly to safeguard these vulnerable children and ensure justice for the
victims.

General Legal Provisions for Children’s Rights.

 Article 34 of the Constitution:

 Article 34(1): Every child has the right to be cared for by their parents or
those entitled by law to raise them.
 Article 34(7): Orphans and vulnerable children are entitled to special
protection by the State and society.
 Best Interests of the Child:
 Sect 3 of Cap 62. Any decision affecting a child must prioritize the child’s
best interests.

1.Approved Homes.

 Section 99(1) of Cap 62: A Government or non governmental home set up for the
purposes of caring for children shall be approved by the Minister in consultation with
the Probation and social welfare officer within 6 months of receipt of application.
 Sect 100 of Cap 62. An approved home will only receive a child
 In an emergency situation from a police officer, aprobation and social welfare officer
or any other person for a maximum period of 48hours pending production of the child
in court or
 under a care order or interim care order.
 Purpose of Approved Home.

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  Section 101 of Cap 62: An approved home shall provide substitute family care for a
child until such a time as the parents of the Child are able to provide adequate care to
meet his or her basic needs.
 Subsection 2 provides that it shall be the responsibility of the staff of the approved
home and the Probation and Social welfare officer to assist the child to become re
united with his or her parents or guardians.

2.Interim Supervision order and Interim Care Orders.

Sect 59(1) of Cap 62 provides that a family and children court may on hearing information
on oath by approbation and social welfare officer that a child is suffering or likely to suffer
make an interim supervision order or an interim care order in respect of the child.

Sect 59(2) of Cap 62 provides that an interim order may not be made unless a child is
suffering or likely to suffer harm as described in Sect 47.

Sect 59(3) of Cap 62 provides that the maximum period for an interim order is three months
but the court may prescribe a lesser period.

Sect 59(4) of Cap 62 provides that if aprobation and Social Welfare officer wishes to
recommend full care or supervision order he or she shall present a report to the court during
the period of the interim order.

Procedure.

The family and Children Court hears Information on oath by aprobation and social welfare
officer or an authorised person. Sect 59(1) of Cap 62.

3.Care Orders.

 Sect 53 of Cap 62 provides that a family and children court may place a child in the
care of a warden of an approved home or with foster parents when:
 All alternative methods of assistance have failed, or the child is in immediate
danger.
 Purpose
 Sect 54 of Cap 62 is to protect the child from harm and facilitate their
eventual return to the community.
 Duration and review.
 Sect 55 of Cap 62 provides that it shall be for a maximum three years or until
the child turns 18.

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  Sub section 2 provides that it shall be reviewed annually by the probation
officer.

Grounds.
A family and children court can issue such orders if:

 Sect 53 of Cap 62.

 The child is suffering or is likely to suffer significant harm.
 This harm or risk of harm results from inadequate care that falls below what would be
reasonably expected of a parent.
 Necessary Documents.
Rule 19 of the Children family and children) court Rules.
Application
Affidavit in Support.

4.Foster Care Provisions.

 Section 72(1) of Cap 62: A district probation and social welfare officer, in
conjunction with the warden of an approved home, may place a child under a care
order with a foster parent.
 Section 72(2) of Cap 62: An application for fostering must be made to the district
probation officer, except when the child’s relative is fostering, in which case they are
not required to apply.
 Section 72(3) of Cap 62: The foster parent assumes full responsibilities for the child's
maintenance, similar to those of biological parents, while the child remains in their
care.
 Subsection 4. Foster care placements shall be made in accordance with the Rules set
out in schedule 3 to this Act.
 Necessary Documents.
 Form 1 in foster care placement Rules. (Application)
 Annextures.
 Form 2 Prospective Foster Parent Record.
 Form 3. Form of Undertaking.
 Form 4. Foster Child Record.

Yours faithfully.

.......................
COUNSEL

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PART C.
BRIEF FACTS.
Mercy Bizibu worked as a house-help in the home of Nickson Ddombe, a musician from
Uganda, known as Nixonz Band, in Kasangati, Wakiso District.
Mercy became pregnant at the age of 16 and maintains that Nickson Ddombe is the father of
her son, Zion Nsinnungi (now aged one), who is albino and deaf-mute.
Nickson Ddombe, then single, chased Mercy out of his home after she conceived.
Mercy returned to her mother's home in Kyanamukaka, Masaka District. Her mother,
Madiina Mikisa, is unemployed.
Mercy has been unable to find work as a house-help because employers are unwilling to hire
her due to her child’s condition.
Last week, Mercy returned to Nickson Ddombe's home, but he denied paternity of Zion and
threw her out, citing there are no albinos or deaf-mute people in his family.
Zion is in poor health and requires special medical care and a specific diet, but Mercy and her
mother cannot afford even basic needs for him. Mercy is suffering from depression due to
her child's condition.
ISSUES.
1.Whether Zion Nsinnungi has any remedies?

2.What is the forum, procedure and the necessary documents.

LAW APPLICABLE.
The Constitution of the Republic of Uganda, 1995 as amended.
The Judicature Act, Cap. 16
The Children Act, Cap. 62
The Children (Family and Children Court) Rules, S.I 59-2
The Civil Procedure Act, Cap. 282

RESOLUTION.

ISSUE 1. What remedies are available to ensure the welfare of Zion Nsinnungi.

2. Declaration of Parentage

A declaration of parentage is governed by Section 110 of the Children Act Cap 62,
allowing a mother, father, guardian or the child himself to apply to court for this remedy.

Key Provisions:

 Section 111 of Cap 62: The application can be made at any time from pregnancy or
at anytime before the child attains 18years or within 3 years after the death of alleged
father or mother.

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  Subsection 2. With leave of the family and Children court, an application for a
declaration of parentage maybe made at any time after 3 years.
 Court's Considerations
 Section 111(3) Cap 62: The court evaluates the welfare of the child, the time of
knowledge of the birth of the child and the conduct of both parents.
 Subsection 3 the application can be made whether the child or the alleged father or
mother is in or outside Uganda.
 Proceedings on application for declaration of Parentage.
 Sect 112(1) of Cap 62. The family and Children court shall issue a summons to the
person alleged to be father or mother to appear before court.
 Sect 112(2) of Cap 62 the court shall hear the evidence of the applicant and shall
also hear any evidence tendered by the father or mother.
 Sect 112(3) of Cap 62 provides that if the evidence of the applicant is corroborated in
some material particular by other evidence to the satisfaction of court, the court may
adjudge the person as the father or mother of the Child.
 Sect 112(4) of Cap 62. The court may on the application of any party to the
proceedings or on its own motion make an order requiring any person to give
evidence including blood sample for the purpose of blood tests.
 Sect 112(5) of Cap 62 provides that any party thought to be tested shall be made a
party to the proceedings.
 Burden of Proof
 Sect 113 of Cap 62 provides that the burden of proof shall lie on the person alleging
it.
 Sect 114(4) of Cap 62 provides that a declaration of parentage by court shall be
conclusive proof of parentage.
 Effect of declaration of parentage.
 Sect 115(1) of Cap 62 provides that it shall have the effect of establishing a blood
relationship of father and child or mother and child accordingly.
 Sect 116(2) of Cap 62 provides that it shall not by itself confer rights of custody of
the child upon the declared father or mother.

Scientific Proof:

In Ndyabahika v. Adyeri (Misc. Application 69 of 2019), paternity can be established

through DNA testing. The court must ensure the application is made in good faith before
granting the declaration.

 Necessary Documents.
Rule 20 of the (Children family and children) court Rules.
 Complaint on oath specified in Form 2 in the schedule.

ISSUE 2. What is the forum, procedure and Necessary documents?

Forum
The family and the Children Court.

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Procedure:
• Filing:
Complaint on oath as per Section 111 and Rule 20 of the Children (Family and Children
Court) Rules using Form 2.
Paying the Necessary fees.
• Summons: Issued to the respondent under Section 69(2) and Rule 21 using Form 3.

THE REPUBLIC OF UGANDA

IN THE FAMILY AND CHILDREN COURT

IN THE MATTER OF ZION NSINNUNGI AND IN THE MATTER OF AN

APPLICATION FOR A DECLARATION OF PARENTAGE BY MERCY BIZIBU

APPLICATION FOR DECLARATION OF PARENTAGE

(Section 110 of the Children Act Cap 62 and Rule 20 of the Children (Family and Children
Court) Rules SI 59-2)

I, Mercy Bizibu, the mother of the child, apply for a declaration of parentage against Nickson
Ddombe, who has denied paternity of my child, Zion Nsinnungi, on the following grounds:

1. That I am a female adult Ugandan of sound mind and the biological mother of Zion
Nsinnungi, aged one year.
2. That I was employed as a house-help in the home of Nickson Ddombe, a celebrated
Ugandan musician, trading under the name Nixonz Band, in Kasangati, Wakiso
District.
3. That at the age of sixteen (16), I conceived while working in Nickson Ddombe’s
home, and he subsequently chased me away upon learning of the pregnancy.
4. That I returned to my mother’s home in Kyanamukaka, Masaka District, where I gave
birth to Zion Nsinnungi, who is an albino and also a deaf-mute.
5. That I have always maintained that Nickson Ddombe is the father of Zion Nsinnungi,
as he was my first sexual partner.
6. That last week, I returned to Nickson Ddombe’s home to seek support for Zion, but he
and his wife were hostile and threw me out, denying paternity of my child.
7. That Nickson Ddombe claimed that there are no albinos, deaf, or mute people in his
family and, therefore, Zion could not be his child.
8. That Zion Nsinnungi is very sickly and requires special medical care and a special
diet, which I, together with my unemployed mother, Madiina Mikisa, cannot afford.
9. That due to the lack of financial support, Zion is suffering, and I am seriously
depressed over his condition.
10. That in the best interests of the child, the biological father, Nickson Ddombe, should
be declared as such for purposes of legal clarity, maintenance, and welfare.

WHEREFORE, I pray that this Honorable Court:

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a) Declares Nickson Ddombe as the biological father of Zion Nsinnungi.

b) Orders Nickson Ddombe to provide child maintenance and medical care for Zion
Nsinnungi.

c) Grants any other orders it deems just in the interest of the child.

I swear this complaint in good faith and in the interest of the welfare of the child.

SWORN at Kampala this 17th day of February 2025.

……………………………………..

COMPLAINANT

BEFORE ME
……………………………………….

COMMISSIONER FOR OATHS/MAGISTRATE

BRIEF FACTS:

A court order was successfully served upon Nickson Ddombe, who acknowledged receipt.
However, instead of complying, Ddombe hired heavily-built men (kanyama) to raid
Madiina’s home and kidnap the child, Nsinnungi. The child is now locked in a servant’s
room at Ddombe’s home, where he is neglected and mistreated by his caretaker. He is
malnourished, left unwashed, and suffers from sores due to poor hygiene and lack of proper
care. Zion is in urgent need of medical attention, proper feeding, and quality care. Ddombe
considers the child a shame and bad luck, isolating him from the public. Conversely, Mercy
and her mother love Nsinnungi and believe children are a gift from God. Mercy is deeply
depressed over her child's condition and is willing to take full responsibility for his
upbringing.

ISSUES
1.Whether Nsinnungi has any available remedies?

2.What is the forum, procedure and necessary necessary documents.

LAW APPLICABLE.

The Constitution of the Republic of Uganda, 1995 as amended.

The Judicature Act, Cap. 16
The Children Act, Cap. 62
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The Children (Family and Children Court) Rules, S.I 59-2
The Civil Procedure Act, Cap. 282

RESOLUTION.

ISSUE 1. Whether Nsinnungi has any available remedies?

Article 34(1) of the 1995 Constitution provides that children have a right to care from their
parents and to remain with their families or caretakers unless it is in their best interests to be
separated.

Section 3 of the Children Cap 62 emphasizes that decisions about children must prioritize
their welfare, including their physical, emotional, and educational needs.

Key legal provisions under the Children's Act Cap 62:

1. Custody Orders (Section 116(1)): Courts may grant custody with specific conditions
to ensure the child’s welfare.
2. Sect 116(2) of Cap 62 provides that court may at any time, revoke the grant of
custody to one person and make the grant to another person or organisation.
3. Sect 116(2) of Cap 62 provides that in reaching the decision under subsection (1) or
(2), the court shall primarily consider the welfare of the child.
4. Sect 116(4) of Cap 62 provides that a person who unlawfully removes a child from
the lawful custody of another person or organisation commits an offence.
5. Custody Applications (Section 73A): Custody applications can be made by a
probation and welfare officer, a parent, or a guardian, particularly while awaiting the
final determination of custody.
In Pulkeria Nakaggwa v. Dominic Kiggundu (1978) HCB 310, the court underscored the
principle that decisions concerning children should align with what a wise and responsible
parent would do in the children’s best interests. A custody order is one tool used by courts to
uphold this welfare principle.
In Ayiiya v Ayiiya Pet.No.8 of 1973. The court held that in determining the custody of a
child the court will consider which of the parties will best safeguard or ensure the welfare of
the Child.
Necessary Documents.
Rule 19 of the (Children family and children) court Rules.
Application
Affidavit in Support

Maintenance.

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Sect 121 of Cap 62 provides that a person who has custody of a child and who is the mother,
father or guardian may make application for a maintenance order against the mother or father
of the Child.
Sect 121(2) of Cap 62 provides that a child whom declaration of parentage has been made
may also make an application through a next of friend for maintenance.
Sect 121(3) of Cap 62 provides that an application of maintenance order may be made during
subsisting marriage, during divorce proceedings, separation, before or after declaration of
parentage.
In the Matter of Infant Ayla Mayanja Misc App.No.20 of 2003. The court observed that in
determining the question of maintenance, the court must bear in mind the primary needs of
the Child concerned and also the finical means of the parents.
Procedure.
Sect 121(5) of Cap 62 It shall be by a complaint on oath to a family and Children Court
Sect 121(6) of Cap 62 Summons shall be served on the father or mother.
Sect 121(7) of Cap 62 on appearing the Court shall hear the evidence of the applicant and
shall also hear evidence on behalf of mother or father and proceed to make an order of
payment to the applicant.
Sect 121(8) of Cap 62 Maintenance shall include feeding, clothing, education and the general
welfare of the Child.
Sect 121 of Cap 62 if the court thinks fit, it may in place of monthly payment order that a
lump sum determined be paid into court and that the sum shall be expended on the
maintenance of the child.
Enforcement.
Sect 122 of Cap 62 court can order to attach earnings or levy distress for recovery of
Maintenance of money.
Sect 124 of Cap 62 money shall be paid to applicant unless custodian has been appointed.
Sect 126 of Cap 62 a person who misapplies maintenance money commits an offence.
Necessary Document.
Sect 121(5) of Cap 62.
Complaint on Oath

ISSUE 2. What is the forum, procedure and necessary necessary documents.

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 THE REPUBLIC OF UGANDA
IN THE FAMILY AND CHILDREN COURT AT KAMPALA
FAMILY CAUSE NO. 067 OF 2024

IN THE MATTER OF NSINNUNGI, AGED 5 YEARS (MINOR)

AND
IN THE MATTER OF AN APPLICATION FOR CUSTODY AND MAITENANCE OF
ZION NSINNUNGI.

Mercy Namutebi..........................................................................APPLICANT.

Nickson Ddombe………………………………………………. RESPONDENT.

APPLICATION FOR CUSTODY

(Under Rule 19(3) of the Children (Family and Children Court) Rules S.I 59-2)

I, Mercy Namutebi, C/O M/S A6 & Co. Advocates, P.O Box 3221, Kampala, being the
biological mother of Nsinnungi, hereby apply for a custody order against Nickson Ddombe,
being his biological father, on the following grounds:

1. That I am the biological mother of the child and have always been committed to his
welfare.
2. That the child was forcefully taken from my care by individuals hired by the
respondent, Nickson Ddombe, and is currently being unlawfully confined in a
servant’s room at the respondent’s residence.
3. That the child is subjected to extreme neglect, including inadequate feeding, poor
hygiene, and a complete lack of medical attention, leading to malnutrition and sores
on his body.
4. That the child’s caregiver in the respondent’s household does not care for him, often
feeding him only once a day and failing to change his clothes or bedding, which has
caused him significant suffering.
5. That the respondent does not love or care for the child and considers him a source of
shame and ill-luck, further exposing him to emotional and psychological harm.
6. That I, as the mother, am fully capable of providing a loving, stable, and nurturing
environment for the child’s physical and emotional well-being.
7. That the father be ordered to pay Maintenance of the Child.
8. That it is in the best interest of the child that this application be granted.

DATED at Kampala this 17th Day of February 2025

.........................................
COUNSEL FOR THE APPLICANT

DRAWN & FILED BY:

A6 & Co. Advocates
P.O BOX 3221
Kampala, Uganda

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 THE REPUBLIC OF UGANDA
IN THE FAMILY AND CHILDREN COURT AT KAMPALA
FAMILY CAUSE NO. 067 OF 2024

IN THE MATTER OF NSINNUNGI, AGED 5 YEARS (MINOR)

AND
IN THE MATTER OF AN APPLICATION FOR CUSTODY AND MAITENANCE
ORDER OF ZION NSINNUNGI

Mercy Namutebi..........................................................................APPLICANT.

Nickson Ddombe………………………………………………. RESPONDENT.

AFFIDAVIT IN SUPPORT OF APPLICATION FOR CUSTODY ORDER

I, Mercy Namutebi, C/O A6 & Co. Advocates, P.O BOX 3221, Kampala, solemnly affirm
and state as follows:

1. That I am a female adult Ugandan of sound mind and the applicant in this matter, and
I swear this affidavit in that capacity.
2. That I am the biological mother of Nsinnungi, born on the 12th day of January 2019.
3. That the respondent, Nickson Ddombe, illegally took the child from my lawful
custody and confined him in an isolated servant’s room at his residence.
4. That the child is being subjected to severe neglect, including inadequate feeding, lack
of hygiene, and lack of medical care, leading to malnutrition and sores on his body.
5. That the child is crying in pain due to hunger, untreated sores, and wet beddings that
are never changed.
6. That the respondent does not love or care for the child and considers him a source of
shame and bad luck.
7. That the child’s caregiver in the respondent’s household mistreats him, feeds him only
once a day, and does not provide the necessary attention.
8. That I am financially stable and have a conducive home environment to raise the child
with love, proper care, and medical attention.
9. That the child requires urgent medical care, good feeding, and a nurturing
environment, all of which I am ready and willing to provide.
10. That it is in the best interest of the child that I be granted an interim custody order.
11. That whatever I have stated herein above is correct and true to the best of my
knowledge and belief.

SWORN at Kampala this 17th Day of February 2025

By the said

____________________________
DEPONENT
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BEFORE ME

____________________________
COMMISSIONER FOR OATHS

DRAWN & FILED BY:

A6 & Co. Advocates
P.O BOX 3221
Kampala, Uganda

PART E.

BRIEF FACTS

In Mukono Family and Children Cause No. 0012 of 2024, the Honorable Magistrate issued
an Order labeled ‘AA’ granting custody of the child to the mother. However, in December
2024, the biological father discovered that the mother leads a life of prostitution and often
leaves the child under the care of a ten-year-old maid. This maid, in turn, spends nights
dancing in nightclubs, leaving the child unattended.

The child has not yet started school. The father wishes to enroll the child at Hillside Naalya
Primary School and provide a stable home with a positive mother figure, good morals, and
values. His wife is ready and willing to raise the child in a loving and responsible
environment.

ISSUES.

1.Whether Musa Kairu has any remedies?

2.What is the forum procedure and necessary documents.

LAW APPLICABLE.
The Constitution of the Republic of Uganda, 1995 as amended.
The Judicature Act, Cap. 16
The Children Act, Cap. 62
The Children (Family and Children Court) Rules, S.I 59-2
RESOLUTION.
ISSUE 1. Whether Musa Kairu has any remedies?
Sect 116(2) of the Children Act provides that the court may at any time revoke the grant of
custody to another person.
Sect 116(3) in reaching the above decision the court shall take into consideration the best
interest principle.
ISSUE 2. What is the forum procedure and necessary documents.

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Necessary Documents.
Notice of Motion
Affidavit in Support.

THE REPUBLIC OF UGANDA

IN THE FAMILY AND CHILDREN COURT AT MUKONO
MISCELLENAOUS APPLICATION NO....... OF 2025
IN THE MATTER OF JOY ATTENDO AGED 11 YEARS (MINOR)
AND
IN THE MATTER OF AN APPLICATION TO SET ASIDE A MAINTENANCE
AND CUSTODY ORDER

MUSA KAIRU …………………………........ APPLICANT

VERSUS
SULAINA KITONE ……………………..............RESPONDENT

NOTICE OF MOTION
(Under Section 3, & 116(2) of the Children Act, Cap 62, as Amended, and
Order 52 Rules 1 & 3 of the Civil Procedure Rules)

TAKE NOTICE that this Honorable Court shall be moved on the ......... day of
February 2025 at 9 O’clock in the fore/afternoon or soon thereafter as
Counsel for the Applicant shall be heard on an application for orders that:

a) The Order of Custody and Maintenance granted in Mukono Family and

Children Cause No. 0012 of 2024 be revoked.
b) The Applicant be granted full custody of the child, Joy Attendo.
e) The costs of this application be provided for.

TAKE FURTHER NOTICE that the grounds upon which this application is
made are set out in the affidavit of the Applicant but briefly state as
follows:

a) That the Respondent, to whom custody was granted, is leading a life that is
not conducive to the welfare of the child, exposing her to neglect and immoral
conduct.
b) That the Respondent frequently leaves the child under the care of a ten-
year-old maid, who is incapable of providing adequate care and engages in
activities inappropriate for a minor.

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c) That the child has not yet been enrolled in school, despite her age, and the
Applicant is willing and able to enroll her at Hillside Naalya Primary School.
d) That the Applicant is married, and his wife is ready and willing to take care
of the child in a morally upright and stable family environment.
e) That it is in the best interest of the child that the custody order be set aside
and custody be granted to the Applicant.

Dated this 17th day of December 2025

……………………………………………………..
COUNSEL FOR THE APPLICANT

GIVEN under my hand and seal of this Honorable Court this ......... day of
December 2025.

……………………………………………….
MAGISTRATE

DRAWN & FILED BY:

A6 & Co. Advocates
P.O BOX 3221
Kampala, Uganda

THE REPUBLIC OF UGANDA

IN THE FAMILY AND CHILDREN COURT AT MUKONO
MISCELLOUNEOUS APPLICATION NO....... OF 2025
IN THE MATTER OF JOY ATTENDO AGED 11 YEARS (MINOR)
AND
IN THE MATTER OF AN APPLICATION TO SET ASIDE A MAINTENANCE
AND CUSTODY ORDER

MUSA KAIRU …………………………………........ APPLICANT

VERSUS
SULAINA KITONE…………………………..............RESPONDENT

AFFIDAVIT IN SUPPORT OF APPLICATION TO SET ASIDE

CUSTODY ORDER

I, Musa Kairu, a male adult Ugandan of sound mind, c/o A6 & Co. Advocates
P.O BOX 3221 Kampala, solemnly affirm and state as follows:

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1. That I am the biological father of Joy Attendo and the Applicant in this
matter.
2. That I swear this affidavit in support of my application for setting aside the
custody and maintenance order issued in Mukono Family and Children Cause
No. 0012 of 2024.
3. That on [date of original order], this Honorable Court granted custody of the
child to the Respondent.
4. That I have since discovered that the Respondent is leading a life of
prostitution and frequently leaves the child under the care of an underage
maid, who lacks the capacity to provide adequate care.
5. That the said maid engages in inappropriate activities, including attending
nightclubs, which exposes the child to danger and neglect.
6. That the Respondent has failed to enroll the child in school despite her age,
whereas I am ready and willing to enroll her at Hillside Naalya Primary
School.
7. That I am married, and my wife is ready and willing to receive and raise the
child in a stable and morally upright environment.
8. That it is in the best interest of the child that the custody order be set aside,
and custody be granted to me.
9. That I am financially stable and capable of providing for the child’s welfare,
including education, healthcare, and general upkeep.
10. That I swear this affidavit in good faith, without intent to prejudice the
Respondent, but solely in the best interest of my child.
11. That whatever I have stated hereinabove is correct and true to the best of
my knowledge and belief.

SWORN at Kampala this 17th day of February 2025

By the said

……………………………………………
DEPONENT

BEFORE ME

…………………………………………….
COMMISSIONER FOR OATHS

Drawn and filed by:

A6 & Co. Advocates
P.O BOX 3221
Kampala, Uganda
This is Property of PassThe bar Mastermind group and all forms of sharing on WhatAssp and
Unauthorised Printing is Strictly Prohibited. Please Contact 0756767284 for more
Information.
This is Property of PassThe bar Mastermind group and all forms of sharing on WhatAssp and
Unauthorised Printing is Strictly Prohibited. Please Contact 0756767284 for more
Information.