KABALE, UGANDA: The High Court sitting in Kabale has awarded Shs 25 million in general damages to a father whose daughter was unlawfully released by Bishop Asili Memorial Nursery & Primary School to a third party without his consent, resulting in five years of forced separation from his child.
The dispute arose on April 25, 2018, when the plaintiff, Mr. Ruzindantaro, visited the defendant school only to discover that his daughter had been removed by his ex-wife, Kilande Mercy, without his knowledge or authorization.
The school had failed to notify him of the removal, prompting him to file a child theft case with the Kabale Central Police under reference SD Ref 57/26/4/2018.
Following the complaint, police investigations under CRB 949/2018 were opened but yielded little progress.
The Regional CID later advised Mr. Ruzindantaro to seek redress through the courts after it emerged that the school had provided an end-of-term report confirming the child had sat only two examinations but failed to complete her term.
Access to the minor’s belongings was also denied.
Significantly, the court heard that Kilande Mercy had left Uganda on April 18, 2018 — a day before writing a letter requesting that the child be released for treatment at Mulago Hospital.
“The travel history obtained from the Directorate of Citizenship and Immigration Control of the Ministry of Internal Affairs… shows entries of her departure from Entebbe International Airport,” the court noted.
During the trial, the defendants argued that both parents had joint custody and insisted they acted in the child’s best interest. They also claimed the child had stomach issues at the time of removal. In their defense, the school admitted that they “could not have suspected that the minor’s mother would take her beyond the requested time.”
The court, however, found no legal justification for the school’s actions. Justice Karoli Lwanga Ssemogerere ruled that “the defendants, while standing in loco parentis, failed in their duty of care to safeguard the constitutional rights of the plaintiff as a parent.” Citing Articles 31(4), 31(5), and 34(1) of Uganda’s Constitution, the judge stressed that “these rights belong to two parents… and can only be taken away with the consent of both parents.”
The testimony of the minor, who was brought before court in 2025, played a crucial role. She confirmed that after leaving Bishop Asili Memorial, she lived with a friend of her mother, Phionah Rukundo, and later attended St. Juliana’s and Immaculate Heart Nyakibale Secondary School.
“I am now staying with my father in Mbarara, and he pays for my school fees,” she testified.
When asked about any issues with her father since reuniting, she replied, “there were none.”
Probation Officer Monica Muhumuza, who first got involved in 2023, told the court that upon receiving the minor, she found the girl had not grown up with her father, had faced discipline issues including beatings, and had previously been sent home from school due to unpaid fees.
The judge emphasized that the case involved serious violations: “Child abduction is a serious matter, and this is what happened in this case.”
He added: “There was an abuse of trust by the school. Our law and culture abominate the culture of child abduction, and restraint must be exercised even in matters of grant of custody.”
Although the school admitted liability and offered Shs 5 million in damages, the court rejected this as inadequate, awarding Shs 25 million to reflect the prolonged emotional harm caused by the “long period (five years), the father and the minor daughter were separated from each other by the acts of the defendant.”
The court, however, declined to award punitive or exemplary damages, noting that while the school’s conduct was unconstitutional, there was no evidence of malice or oppression to justify such awards.
The ruling will be seen amas a major statement on parental rights and the responsibilities of educational institutions.
The judgment also sends a strong message that schools cannot circumvent parental consent under the guise of administrative discretion or external pressures.
