In a landmark ruling, the High Court in Kabale has ordered Bishop Asili Memorial Nursery & Primary School to pay Shs 25 million in damages to Mr. Ruzindantaro for unlawfully handing over his daughter to a third party without his approval. The court found the school negligent in its duty of care after it released the child to her mother in 2018 without informing the father, resulting in a painful five-year separation.
Justice Karoli Lwanga Ssemogerere ruled that the school violated the father’s parental rights when it allowed the child’s removal based on a letter allegedly written by the mother, Kilande Mercy, who had already left the country at the time. Despite claiming joint custody and concern for the child’s health, the school admitted it failed to ensure the return of the child or inform the father, who later reported the matter to police.
The child, now living with her father in Mbarara, testified in court and confirmed her years away were spent under the care of her mother’s friend. Her testimony and that of the probation officer revealed significant emotional distress and instability caused by the forced separation.
The court rejected the school’s offer of Shs 5 million as compensation, stating it did not reflect the gravity of the violation. While punitive damages were denied, the judge emphasized that the decision serves as a strong reminder that schools must respect the legal rights of both parents and cannot act unilaterally when releasing minors.
This ruling reinforces constitutional protections around parental authority and sets a precedent for educational institutions to exercise caution in custody-related decisions.https://ugandatimes.ug/2025/06/12/kabale-court-awards-shs-25m-to-father-over-childs-unlawful-release/
