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Sseku James (Applicant) vs Wambette Phionah (Respondent)

Brief Background

The Applicant brought this application by Notice of Motion under Article 34(1) of the Constitution, Sections 116 and 121 of the Children Act, Cap 62, Rule 19 of the Children (Family and Children Court) Rules, S.I. 59-2, and Order 52 Rules 1 and 2 of the Civil Procedure Rules. He seeks custody of the child, a maintenance order against the Respondent or, in the alternative, an order that both parties contribute equally to the child's maintenance, and costs.
Family CauseNO. 004 OF 2026
DateOctober 2026
MagistrateH/W KYEMBE KARIM

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Summary

The parties met in 2024 at Kiruddu National Referral Hospital, where the Applicant was a medical intern and the Respondent a nurse. The child was born on 23rd July 2025 at Kawempe National Referral Hospital. The parties have never lived together, and the child has been with the Respondent since birth.

The Applicant’s case is that on 28th March 2026 the Respondent brought the child to Kanginima Hospital in Butebo District and left him there with the Applicant’s sister. The matter was reported at Kanginima Police Post vide SD REF: 04/29/03/2026, and on police advice the child was handed back to the Respondent on 31st March 2026. The Respondent denies abandoning the child and says she had gone to buy drugs. She later reported the Applicant to Kawempe Police for neglect to provide necessaries

On 29th July 2026 the Respondent filed Family Cause No. 22 of 2026 in the Family and Children Court at Kasangati, seeking a declaration of parentage, custody and maintenance of the same child against the Applicant. That matter is pending.

READ MORE: Ruling_FC_004_of_2026_Sseku_v_Wambette