2022/2023/Wk11/FLP/PN

DEPARTMENT OF POST GRADUATE LEGAL STUDIES AND LEGAL AID

THE BAR COURSE 2022/2023
TERM 1 WEEK 11
WEEK OF 09th TO 13th JANUARY 2023

FAMILY LAW PRACTICE

SCOPE OF WEEK’S WORK

This week is dedicated to children’s matters; meaning of a child, rights of a child, the welfare
principle and other considerations upon which decisions on children are based, Declaration of
Parentage, custody and maintenance of children, the different child protection and welfare
Orders such as the Care Order, Interim Care Order, Supervision Order, Interim Supervision
Order, Contribution Order, Exclusion Order, Search and production Order etc. Guardianship- all
types of guardianship, foster care- application and procedure for fostering children, duties of
foster parents etc duties of the Probation and Social Welfare Officer, Adoption- national and
inter country adoption, the role of the different institutions and offices charged with the duty of
ensuring the protection, safety and security and welfare of children such as the Probation and
Social Welfare Officer, Approved homes, the Uganda Police, the Local Government Councils,
the Courts ( L.C.I Court, Family and Children Court, High Court and Court of Appeal etc).

WORKSHOP 1
Leaning Outcomes

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By the end of this workshop, students should be able to;
1. Appreciate children’s rights and all the child welfare Orders which the law provides for such
as Custody, Maintenance, Care, Protection, Contribution, and Supervision Orders.
2. Apply the principles of law on children such as the welfare principle.
3. Draft applications for Orders of custody, interim custody, maintenance Declaration of
parentage and an agreement on custody of a child as well as the relevant Court Orders.
4. Apply for and prosecute an application for custody, interim custody of a child maintenance
and Declaration of Parentage of a child as well as other relevant applications necessary for
ensuring the welfare of a child.
5. Identify and deal with ethical matters that may arise in the course of executing instructions of
this nature.

Relevant legislation
1. The Constitution of the Republic of Uganda, 1995
2. The Children Act as amended by the Children (Amendment) Act, Act 9/2016
3. The Registration of Persons Act, 2015
4. The Civil Procedure Act, Cap. 71
5. The Evidence Act, Cap. 6
6. The Advocates Act
7. The Magistrate’s Court Act, Cap 16
8. The Magisterial Areas Instrument, 2017
10. The Family and Children Court Rules, S.I 59-2
11. Practice Direction No.1/ 2011 (Assigning of Magistrates Grade I to preside over Family and
Children Courts), Legal Notice No.2/2012
12. The Civil Procedure Rules, S.I71-1
13. Students Practice Regulations
14. Advocates (Professional Conduct) Regulations

Case law
1. Allen v. Allen (1948) 2 All. E.R 412

2. Lough v. Ward (1945) 2 All. E.R 338

3. Kamugisha Theopy V. Kakitoka Pascal (1996) V KALR 116

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 4. Pulkeria Nakaggwa V. Dominiko Kiggundu (1979) HCB 261

5. Teopista Kayongo v. Richard Sekiziyivu (1973) HCB 261

6. Samwiri Masa V.Rose Achen (1978) HCB 297

7. Nyakairu V. Nyakairu (1979) HCB 261

8. Habyarimana V. Habyarimana ( 1980) HCB 139

9. Hoffman V. Hoffman (1965) E.A

Blood tests and scientific proof of parentage:

10. A.B V. C.D (1955) 28 K.L.R 210
11. H V. H (1966) All. E.R 356
12. S V. Official Receiver (1972) A.C 24
13. R V. R (1968) P 414
14. B V. Attorney General ( 1968) 1 W.L.R 776
A/ Alex Mugisa Akiiki’s interview statement
My name is Alex Mugisa Akiiki. I am (40) years old. I live at Ssonde, Namugongo in Wakiso
District. I am employed as an Accountant in the Ministry of Finance. I earn a monthly salary of
three million Uganda Shillings and allowances totaling six million Uganda Shillings
My wife is Melisa Mugisa and our children are Andrew Byaruhanga Amooti, aged (17), Lionel
Byaruhanga aged (16), Simeon Byaruhanga, aged (15) and Kenneth Byaruhanga, aged (13).
They all study at Namugongo Martyrs Secondary School in Wakiso District.

My residence is a four bedroomed self-contained house with a compound measuring 100 x 100
feet. This house is serviced by a servants quarters. I also live with my elder sister, Miriam
Marunga Abwooli, aged (45), a maid, a security guard and one gardener.

I own three self-contained bungalows at Naalya, Kyaliwajjala Parish in Wakiso District, each of
which fetches (3,500,000/=) monthly rental income. I operate a real estate business known as
Honest Property Deals Ltd. I buy, develop and resell land. I own a mixed farm on a thirty acre
piece of land at Lweru in Buikwe District. I also own land known as Block 186 Plots 23, 24 and
25 at Bukerere Mukono, in Mukono District, measuring (02), (10) and (06) acres respectively.

I met Sandra Kibwika in January 2013. I had a relationship with her and she conceived. She
gave birth to a baby girl on 30.01.2014. I named the baby Elaine Mikisa Abwooli. Sandra
Kibwika died in 2020. I did not want to destabilise my marriage by taking baby Elaine to my wife.
I asked Sandra’s mother, Maria Mutalya aged (56), to stay with Elaine. I have, however,
received disturbing reports from Maria Mutalya’s neighbour, regarding her behaviour. Maria
Mutalya takes alcohol and returns home late with her boyfriend, who is (30) years old. When

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she is drunk, she uses vulgar and profane language and she is a terrible nuisance. Maria
Mutalya quarrels with some of her neighbours and uses vulgar language.

Maria Mutalya rarely spends the day at her home. Elaine has meals where she finds herself
playing. Whereas I send Maria Mutalya money for Elaine’s tuition,
I have learnt that Elaine misses classes on many occasions and instead spends the day in her
friends’ homes or other unknown places. She is very unruly, rude and uses vulgar language.
She visits video shacks in the neighbourhood to watch TV and films. Many parents in that area
have warned their children against associating with Elaine.

Elaine is my only daughter. I want to live with her. I want her to grow up with morals and values.
I want her know her brothers and my relatives. I desire to enrol her in Gayaza Junior School or
Namagunga Boarding Primary School.

Advise Alex Mugisa on;

1. a) ALL the remedies which the law provides for Elaine.

b) the ideal long term remedy available for him ( Alex Mugisa).

c) the ideal remedy which Alex Mugisa can seek in the interim.

d) identify the possible ethical dilemmas. How would you deal with them?

2. a) Draft the legal documents which will enable Alex Mugisa obtain the ideal
long term remedy. Having successfully prosecuted the application, draw the
Court Order.

b) Draft the legal documents which will enable Alex Mugisa obtain the interim
remedy. Having successfully prosecuted the application, extract the Court
Order.

B/ Milly Sanyu is a fifteen year old girl and daughter of Francis Kyobe and Albina Kyobe (Mrs.)
Milly Sanyu was expelled from Kawuku High School in November 2021 because she was found
with prohibited drugs and alcohol was also recruiting her fellow students into a drug gang and
teaching them how to use drugs. Her parents were so disappointed in her that they decided not
to take her back to school or provide any education for her; formal or informal. They ignored her
totally.

In May 2022, Milly Sanyu’s parents found out that she was pregnant. She told them that
Solomon Minaani, her former schoolmate was responsible for her pregnancy. Her parents drove
her out of their home for being a terrible shame to them, the worst child and worst example to
her siblings. She presently lives in abandoned buildings at Wandegeya with her four months old
baby, whom she named Nixon Minaani. She uses prohibited drugs and has joined a group of
prostitutes. She hates her son, whom she regards as a burden. She leaves him in the care of
young street children, who take him (Nixon) when they go out begging on the streets.

Solomon Minaani is a student of Medicine at Mbarara University of Science and Technology. He

resides at Kakyeka, Kamukuzi Division, Mbarara District. He denied paternity of this child.

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Solomon Minaani is an employee of a Church founded Child Rights Organisation and does not
want the officers of this organisation to find out as they will terminate his services.

If you were an advocate working with HOPE FOR EVERY CHILD, a Non- Governmental
Organisation in Uganda, promoting children’s rights,

a) What remedies would you have sought for Milly Sanyu on being expelled from
school in November 2021 and being rejected by her parents?

b) What remedies will you seek for Milly Sanyu and Nixon Minaani?

c) (i) How can you ensure that Solomon Minaani provides for the welfare of Nixon
Minaani?

(ii) Draw the relevant legal documents.

NOTE: Students are advised to read and appreciate all areas which are not specifically
covered by the workshops, including the following:
1. Rights of the child generally.

2. ALL CHILD WELFARE ORDERS provided for under the Children Act, Cap 59 as
amended (including the procedure for seeking each and the relevant legal
documents, where applicable.)

3. Principles of law, relevant procedure and the nature of applications and

documents relating to foster care.

4. All the Powers and duties of the District Probation and Social Welfare Officer.

5. The role of the Local government, Local Council Courts, the Family and Children
Court, the High Court, Court of Appeal, the Probation and Social Welfare Officer
and approved homes, in protecting and ensuring the welfare of children.

WORKSHOP 2
Leaning Outcomes
By the end of this workshop, students should be able to;
1. Explain the principles of law on foster care.

2. Apply the principles of law on adoption in Uganda; national and inter-country adoption.

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3. Apply the principles of law on Guardianship; legal guardianship, customary
guardianship, testamentary guardianship, appointment of a Guardian by agreement or
deed etc.

4. Draft a petition for an Adoption Order and a petition for a Guardianship Order and the
relevant Court Orders.

5. Present and prosecute a petition for adoption and Guardianship before the appropriate
court of law.

6. Identify and deal with ethical matters that may arise in the course of executing
instructions of this nature.

Case law
1. Ochaya Christopher & Sarah Ochaya in respect of Lamaro Lillian Ochaya (a child)
H.C.MA.0028/ 2017. (H.C Gulu), Mubiru, J.

2. Re: Musinguzi Davis alias Elijah David Harper (a child) Adoption Cause 0001/2018
(H.C. Arua), Mubiru, J.

3. Re: Onen Cliff Mills & Laker Joy Onen (minors) Misc. Civ. Applic. No. 0022/2018, S.
Mubiru, J. (defines a Guardian, duties of a Guardian to his/her ward, considerations
for appointment of a Guardian etc).

4. Re: Musasizi (an infant) Adoption Cause No.14/2019 (H.C-Mukono), Her Lordship
M. Mutonyi.

5. Re: Luke Thomas Kyeswa, Jane Imelda Zoe Batwawula & Sebaduka Thoedore
Walcot, Family Cause No.32/2018 (H.C-Mukono), Her Lordship M. Mutonyi.

6. Re: Mujuzi Banyikide (an infant) (2001-2005) HCB 124

7. Re: Elija Amumpaire Amooti & Elisheba Nsimire Akiiki (Infants), H.C. Family Cause
No.155/2015 (P.Tuhaise, J.) ( Kampala) (LG)

8. Re: Shamilla Naava Kayaga Masimbi, Shanice Naava Nabawanga Masimbi &
Shareen Nava Masimbi ( minors) H.C. Misc. Cause No. 32/2018 (O. Kazaarwe
Mukwaya, J) (Kampala) (LG)

9. Re: Kigenyi Umar & Shabra Nabwire ( children) H.C Family Cause No.12/2019
( Justice Eva K. Luswata) (Jinja)

10. Re: Cindy Kiconco Matsiko and Kirabo Crystal Kamukama H.C. Adoption Cause
No. 03/2019 (O. Kazaarwe Mukwaya,J) ( Kampala)

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 11. Re: Lisa Marie Cherline Sanyu ( a child) Family Cause No.107/2018, (O. Kazaarwe
Mukwaya,J) ( Kampala)

12. In the matter of adoption of Apolot Betty Adoption Cause 33/2018, (O. Kazaarwe
Mukwaya,J) ( Kampala)

13. Re: Akoth Fanice Adoption Cause No.04/2019 (O. Kazaarwe Mukwaya,J)
( Kampala)

14. Re: Mirembe Rachel Adoption Cause No.32/2018, (O. Kazaarwe Mukwaya,J)
( Kampala)

15. Re: Godfrey Ntabazi Muzeeyi Timothy, Nakamatte Jane, Patricia Mirembe &
Patience Kirabo Adoption Cause No. 81/2017 (O. Kazaarwe Mukwaya, J) (Kampala)

16. Re: Katumba Francis & Re: Nakitende Aisha Jenny Adoption Causes No. 16 and 17
of 2018 Justice Eva K. Luswata) (Jinja)

17. Re: Nigel Alonso Jara Adoption Cause No. 123/ 2018 (O. Kazaarwe Mukwaya, J)
(Kampala)

18. Re: Arthur Shyaka Butare Adoption Cause N0.61/2018 (O. Kazaarwe Mukwaya, J)
(Kampala)

19. Re: Edison Mugaga Adoption Cause 15/2019 ( Justice M. Mutonyi) ( Mukono)

20. Re: The Adoption of K and K by N and N Adoption Cause N0. 3 /2019, Olive
Kazaarwe Mukwaya, J.

21. Re: Birabwa Mutaka Adoption Cause 014/2018, (Justice Eva. K. Luswata), (Jinja)

22. Allen v. Allen (1948) 2 All. E.R 412

23. Lough v. Ward (1945) 2 All. E.R 338

PART I
Ms. Lisa Brandon’s interview statement
My name is Lisa Brandon. I am a Canadian national. I live at Gaba, Kampala. I have been
working and living in Uganda since 2017. I am married to David Brandon. We have no child of
our own.
In January 2022, my late husband and I woke up at 3:00AM one night to the cries of a baby,
barely a month old, who had been abandoned at our gate. I have no child of my own-the cruelty
of its mother or whoever abandoned this baby saddened me very much. We picked it up, found
some clothes to keep it warm and we reported to Gaba Police Station that night. The Officer in
Charge of that Police Station allowed us to keep the baby that night and we did so until the
District Probation and Social Welfare Officer, Alice Lwanga was informed.

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The District Probation and Social Welfare Office advised us to foster the baby because we were
very much interested in its welfare and no one was interested in it. My husband and I applied
formally to foster this child. The District Probation and Social Welfare Officer permitted us to
foster it with effect from 15.01.2022. We named it Ethan Brandon.
My husband and I will return to Canada in March 2023, where we shall reside permanently. We
wish to return home to Canada with Ethan Brandon as our son. We are lucky; God has
answered our prayer.

PART II
A/ Constance Adong’s interview statement
I am a Ugandan. I work and live in Canada. I have been living in Canada for ten years now. I
hail from Kamdin village in Lira District. Our neighbor, Jack Obwangamoi is the biological father
of Santa Lakot and Miria Akeny, aged (12) and (10) respectively. Their mother died last year.
Jack Obwangamoi was convicted of aggravated defilement and is now serving his sentence.
These children live with Irene Omiya, the L.C.I Secretary for Children Affairs. She is currently
accommodating ten children and she cannot afford to look after them. None of their relatives
has he means to look after them and none wants to hear anything concerning these children,
including Santa Lakot and Miria Akeny.
I have been living here (in Uganda) for one year now, with Santa Lakot and Miria Akeny. I live
with them at my home in Lira. I have been single handedly maintaining these children by,
among others, paying for their food, medical care and the remuneration of the maid who looks
after them. I ensured that they start school again and I pay for all their education needs. I would
like a legal bond between us which will enable me to legally settle and live with them as their
parent. I am ready to live with them and to fully maintain them until they can ably look after
themselves. However, I do not want them to inherit any part of my property. Everything I own
shall be inherited by my son Simon Peter Olum. I can always buy them property such as land
and have it registered in their names.

B/ In 2000 I bought thirty acres of land, which is known as FHR VOL. 570 Folio 20 Plot 23 Block
5 at Adeker in Lira District. I had it registered in the name of my son. It is indeed registered as
SIMON PATER OLUM (MINOR UNTIL THE YEAR 2028.) He is my only child.
I have decided to sell this land so that I can use the proceeds of that sale to construct a modern
students’ hostel, canteen and a restaurant at Barapwo, Lira District. I am targeting students of
LDC- Lira Campus and Lira University. The land at Barapwo is also registered in my son’s
name. The rental income from this hostel will be applied to provision of my child’s welfare. This
will ensure his education and other needs even when I am unable to earn money.
Tasks:
Group 1:
a) Give the Brandons a formal legal opinion on the remedy they can seek. What
additional information and evidence would you require from them?

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b) What ethical issues are likely to arise and how would you deal with them?
c) Draft the necessary legal documents and extract the relevant Court Order.

Group 2: Supposing that the Brandons were Ugandans, what would your advice be? Draft
the relevant legal documents.

Group 3: Part II (A)

a) Give Constance Adong a formal legal opinion on the range of remedies that the law
provides in this situation in respect of Santa Lakot and Miria Akeny and advise her, in
view of her desire, on the ideal remedy with respect to Santa Lakot and Miria Akeny.
b) What further information and evidence do you require from her in order to seek the
ideal remedy in respect of Santa Lakot and Miria Akeny.
c) Draw the legal documents and extract the relevant Court Order.

Group 4: (Part II B)
a) Advise Constance Adong on the steps that she should take in order to lawfully sell the
land which is registered in her son’s name
b) Draw the required legal documents. Having successfully prosecuted the application,
extract the Court Order.

WORKSHOP 3: MOOT
John Muddu’s interview statement
My name is Jonah Muddu. I am (48) years old. I live at Ssonde, Namugongo in Wakiso District.
My residence is a spacious five bedroomed house which I constructed on a three acre piece of
land at Ssonde, Namugongo. I am a businessman. I live with my wife Mirembe Kisa, who is
(35) years old. We have lived together for ten years now.
I maintain a banana plantation and gardens on this land, out of which we collect food and fruits
for home consumption.
Owing to uterine complications, my wife die not bear any child and she will never be able to
have children of her own. With her permission, I had an affair with Solome Ntongo and Solome
Ntongo and I were blessed with two children, namely; Ann Rita Mikisa now aged (05) and Lionel
Muddu now aged (06).

When Ann Rita was three months old, my sister Anne Mary Mulungi received a telephone call
from Solome Ntongo at 11:00PM, informing her that she had left Ann Rita Mikisa and Lionel

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Muddu alone in the house because I did not care for her. My sister informed me about this.
Knowing how irrational Solome Ntongo was,
my sister and I rushed to Ntinda, where I used to rent a house for Solome Ntongo and indeed
we found Ann Rita Mikisa and Lionel Muddu on their own. We did not find the maid either. I will
never forget this incident. Solome Ntongo abandoned the children because I had not met her
demands; she had demanded on several occasions that I abandon my wife Mirembe, marry her
and live with her in my residence at Ssonde because my wife was barren. She also demanded
that I register my pieces of land and buildings in the names John Muddu and Solome Ntongo.

When we reached home, my wife Mirembe welcomed the children. She ensured that Ann Rita
was kept warm and bottle-fed her all night. From that day-12.03.2017, my wife has looked after
Ann Rita and Lionel as her own children. She enrolled them into nursery school and takes them
to school and picks them from school. The children know her as their mother and the three of
them have a very strong bond. I am very happy with my wife because she loves these children
as her own.

Solome Ntongo’s statement

I am the mother of Ann Rita Mikisa and Lionel Muddu. They are my only children. Their father is
Jonah Muddu, with whom I had an affair when I was a student at Kyambogo University, way
back in 2016.

I am a born-again Christian now. I gave my life to the Lord Jesus Christ on 20.11.2020,
following a nasty road accident, in which I was the only survivor out of (14) passengers aboard a
commuter taxi. I founded a child care home called, ‘Loving Arms’, which kooks after abandoned
children.
I miss my children, Ann Rita Mikisa and Lionel Muddu and I would like to live with them. If I am
denied the chance to live with them, I will never feel like a mother; in deed this will be the worst
punishment I can ever suffer.
I have built a three bedroomed house at Kira in Kira Municipality, Wakiso District. I can afford to
look after my children single handedly.

Documentary evidence for each party

Jonah Muddu
 Mini Bank Account statement in respect of his Account No. 0012329620 with Silver Trust
Bank (Uganda) Ltd.
 (02) Certificates of Title.
 Photograph of his residential house.
 School fees payment slips for Ann Rita and Lionel Muddu.
Solome Ntongo
 Mini Bank Account statement in respect of her Bank Account is Account No. 000005346
with City Bank (Uganda) Ltd.
 (03) Certificates of Title.

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 Photograph of her residential house.

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