
Custody of children
Doctrine in Family & Succession. 12 cases, with the principle each one established. By lanbuk.com.
- Govan v Govan (SC 771/25) [2026] ZWSC 10 (3 March 2026)
Zimbabwe · 2026
Principle established: In divorce proceedings involving minor children, the court prioritizes the best interests of the child, particularly regarding custody and educational arrangements, despite procedural delays by the parents.
- In re Gilpin, 1972-73 ALR S.L. 452
Sierra Leone — African Law Reports · 1972-73
Principle established: In child custody disputes, the child's welfare is paramount; between parents, if welfare is equally served, the father's claim has priority, while a parent prevails over a third party unless shown unfit.
- In Re JW (Child) [2014] KEHC 2026 (KLR)
Kenya · 2014
Principle established: Adoption may be granted for an abandoned child legally freed for adoption, provided the applicants demonstrate the necessary financial and emotional capacity to care for the child.
- In re Mustapha, 1920-36 ALR S.L. 424
Sierra Leone — African Law Reports · 1920-36
Principle established: The court has absolute discretion in custody orders, with the paramount consideration being the interests and welfare of the children.
- In the matter of AMG (Family Cause No. 1 of 2026) [2026] UGHC 281 (27 March 2026)
Uganda · 2026
Principle established: The court may appoint a legal guardian for a minor to facilitate necessary medical treatment and repatriation when it is in the child's best interests.
- In the matter of an application for Legal Guardianship by Mariam Nabunya (Miscellaneous Cause No. 10 of 2025) [2026] UGHC 1222 (5 October 2026)
Uganda · 2026
Principle established: A biological mother and sole guardian may be granted legal authority to manage and lease property held in the names of her minor children for their maintenance and welfare.
- Machika v Makoni (271 of 2023) [2023] ZWHHC 249 (4 May 2023)
Zimbabwe · 2023
Principle established: In matters concerning children, the best interests of the child are paramount, and the court may consider applications for access by non-parents to maintain family ties.
- Masike W Mazhowu v Mabika J Nyaradzo (HC 2941/22) [2024] ZWHHC 75 (22 February 2024)
Zimbabwe · 2024
Principle established: Reasonable access rights granted in a divorce decree may be interpreted to include international travel if the non-custodial parent resides abroad and such travel was contemplated at the time of the order.
- Spaine v Spaine, 1964-66 ALR S.L. 249
Sierra Leone — African Law Reports · 1964-66
Principle established: A mother's adultery does not automatically bar her from obtaining custody of a young child, which must be determined based on the child's overall welfare and all relevant circumstances.
- Spaine v Spaine, 1964-66 ALR S.L. 290
Sierra Leone — African Law Reports · 1964-66
Principle established: Failure to appeal against a decree nisi granting interim child custody does not preclude a subsequent appeal against an order made upon an application to vary custody.
- Spaine v. Spaine (CIV APP 11 of 1965) [1965] SLCA 9 (8 December 1965)
Sierra Leone — Court of Appeal · 1965
Principle established: A party's failure to appeal against a decree nisi containing a temporary custody order does not bar an appeal against a subsequent order refusing to vary custody.
- Spaine v. Spaine (DIV C 29 of 1963) [1965] SLSC 2 (30 July 1965)
Sierra Leone — Supreme Court · 1965
Principle established: A mother's adultery is not an absolute bar to awarding her custody of a young child unless she is otherwise shown to be unsuitable.
