Wakilii

In the matter of an application for custody by Scovia Jogo Loku (Custody Application No. 12 of 2025)

High Court · [2026] UGHCFD 52 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance application for sole custody order under Children Act
Decision
Application dismissed on grounds that a prior custody order from the Chief Magistrate's Court remained valid and in force

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court declined to grant a custody order where a prior custody order for the same child had already been issued by the Chief Magistrate's Court at Kakiri. The court held it was neither appropriate nor in the child's best interests to issue a second custody order when an existing valid order remained in force and had not been set aside. The application for permission to travel permanently to Australia with the child was also declined.

Outcome

Application dismissed on grounds that a prior custody order from the Chief Magistrate's Court remained valid and in force

Facts

Scovia Jogo Loku, a 24-year-old South Sudanese refugee living in Uganda, applied for sole custody of her daughter Loku Yunia Winnie, born in December 2021 following a rape incident in March 2021. The father's identity remained unknown. The applicant's maternal aunt in Australia had offered to sponsor the applicant, her mother Jane Limu Yengi, and the child to migrate permanently to Australia. The applicant's mother had applied for an Australian visa in 2011, listing the child among dependents. Australian immigration authorities required a High Court custody order because the applicant was not a Ugandan citizen. During proceedings, the court discovered that a custody order for the same child had previously been granted by the Chief Magistrate's Court at Kakiri, a fact not disclosed by the applicant in the current application.

Issues

  1. Whether sole custody of the child, Loku Yunia Winnie, should be granted to the Applicant?

Orders

  • Application for sole custody dismissed.
  • Application for permission to travel permanently to Australia with the child declined.

Rules and key headnotes

Family Law — Custody — Jurisdiction — Existence of Prior Order
A court will not grant a custody order for a child when a valid custody order from another competent court remains in force and has not been set aside, regardless of the technical jurisdiction to make such orders.
Family Law — Custody — Welfare of the Child — Paramount Consideration
In determining custody applications, the welfare of the child is the paramount consideration, requiring a holistic evaluation of all factors including the child's physical, emotional and educational needs, the likely effect of any change in circumstances, and the capacity of each parent to meet the child's needs.
Family Law — Custody — Right to Parental Care — Limitations
While a child has a primary right to grow up under the care of parents owing to the natural bond of emotional attachment, this right is not absolute and may be limited where a competent authority determines it is in the best interest of the child to separate the child from a parent.
Civil Procedure — Duty of Disclosure — Material Non-Disclosure
An applicant has a duty to disclose to the court all material facts relevant to the application, including the existence of prior court orders affecting the same subject matter, and concealment of such information may be fatal to the application.

Legislation cited (12)

Cases cited (3)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

In the matter of an application for custody by Scovia Jogo Loku (Custody Application No. 12 of 2025) [2026] UGHCFD 52 (27 April 2026)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.