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This is a case of defilement of a 7-year-old girl by a 57-year-old man. He pleaded not guilty, but at the end of the trial was found guilty, convicted and sentenced to 8 years’ imprisonment. Her appealed on grounds that there was no case to answer submission, as the Court failed to consider all the… View Article

November 9, 2018


Abong Emmanuell Fusi & Tangang Monica (Petitioners) Akwano v The People Of Cameroon & Tubah Council (Respondents): Mezam High Court, 2011


This is an application praying for a Court order to draw up a new birth certificate for a minor named Fusi Soliver Che. The Applicants who are the biological parents of the child contend that the said child was born on 25/12/1993 at Mankon Mezam, and not 25/12/1997, Tubah Council. That stating in the child’s… View Article

December 10, 2018


Abote Batsietsi Monnana, Appellant V. The State: Botswana Court of Appeal, 2013


The appellant was charged, at the High Court, for kidnapping a four-year-old child who was later murdered. The judge struck out the kidnapping charge but convicted the appellant on the murder charge. The appellant avers that the prosecution was unable to proof the case beyond reasonable doubt as there was no proper evidence that he had… View Article

December 29, 2015


Acha Claudette Akum (Applicant) Akwano v Franklin Teneng Awa (Respondent): Mezam High Court, 2013


This is an interlocutory application by way of a motion on notice. The applicant prays the Court for an order of custody of the child born on 25/05/2009, as well as for the respondent to hand over the birth certificate of the said child. The applicant equally requests the Court to order the respondent to… View Article

December 10, 2018


Adeline Mangha Ndipisiri (Applicant) Vs Grace Manka Nkamamyang (Respondent): Mezam High Court, 2013


This is an interlocutory application by way of motion on notice by the applicant praying the court, inter alia, that the applicant, as mother, be given custody of the child; an order that the applicant resident in USA be allowed to take the child to live with her; an order that the respondent, grandmother, of… View Article

December 7, 2018


Adoption of Children Act (cap 26:01) & Chifundo James (a female infant): Supreme Court, 2009


This case concerns an appeal to overturn the decision of the lower court rejecting an application for adoption of a female infant (CJ) that was born out of wedlock. Her mother had died a few days after her birth and her father was unknown. She was under the care of her grandparents before being taken… View Article

November 6, 2018


Advence Fuh (Petitioner) Akwano v Miranda Ngiekem Azise (Respondent): Mezam High Court, 2014


This involves a petition for divorce filed and praying the Court to dissolve a monogamous marriage celebrated on 04/08/09 at the Bamenda II Civil Status Registration Centre. The petitioner contends that, after their marriage, the respondent (wife) has been behaving abnormally, such as refusing him to have his conjugal rights with her, and consequently they… View Article

December 10, 2018


Agnes Wanjiru Kiraithe & another v Attorney General & 2 others: Kenya High Court, 2014


The 1st petitioner is the chief administrator of Soila Maasai Girls Centre (“the Centre”) which is established with the objective of rescuing girls facing the risk of female genital mutilation (FGM). The facts relate to the wrongful expulsion of 49 students of the Soila Maasai Girls Centre for undergoing female genital mutilation (FGM) contrary to… View Article

December 29, 2015


Amougnou Saye v. The State: Supreme Court of Mali, 2014


Mr Mahamadou Sidibé acting on behalf of Mr Amougnou Saye appealed against judgment No. 11 issued on the same day by the Assizes Court of Mopti in a case of abduction of persons, child trafficking and rape, of which Anne Dougnon was the victim. However, the certificate of the Registrar attested that the plaintiff had… View Article

October 27, 2017


Andrew Katimba Vs Gertrude Katimba: High Court of Malawi, 2008


This case is about child custody. By way of Originating Summons, the plaintiff inter alia sought for legal custody of his son Kennedy Andrew Katimba, an injunction on the defendant to deliver the said child to the plaintiff, an injunction restraining the defendant from using the surname and holding herself out as wife of the… View Article

November 8, 2018


Andrew Siliya vs. Thokozani Siliya: High Court of Malawi, 2018


This is an appeal case to set aside the judgment of the Lower Court delivered on 16th May 2017, whereby it ordered the appellant to: pay maintenance fee for the children in the sum of MK70,000, as well as to construct a house within the space of 36 months for the respondent, pay the respondent,… View Article


Bhe & others V. The Magistrate, Khayelitsha & others: Constitutional Court of South Africa, 2004


The application was made on behalf of the two minor daughters of Ms Nontupheko Bhe and her deceased partner. The applicants submitted that the impugned provisions and the customary law rule of male primogeniture unfairly discriminated against the two children in that they prevented the children from inheriting the estate of their late father. The… View Article

December 29, 2015


C K W v. the Honourable Attorney General & Director of Public Prosecution: Kenya High Court, 2014


The Petitioner, a minor of 16 years old, instituted proceedings through his lawyers seeking a declaration that Sections 8(1) and 11(1) of the Sexual Offences Act are invalid to the extent that they criminalise consensual sexual relationships between adolescents. In dismissing the appeal the court held that the provisions of the law in issue were… View Article


Charles Katandika vs The Republic: High Court of Malawi, 2018


The accused was charged and found guilty of defiling a girl on 21 June 2017 at Kaudzu village in the district of Machinga. He pleaded not guilty. During trial he argued that there was no penetration nor sufficient evidence to warrant his conviction; likewise, there was no corroborative evidence as such. However, the Court held that… View Article

November 9, 2018


CK and 11 Other Children v. The Commissioner of Police et al: Kenya High Court, 2013


The petition was submitted by ten children, Pamela Waruguru and Ripples International. The petition was brought under Articles 2, 10, 19, 21, 22, 23, 27, 28, 29, 48, 50(1) and 53 of the Constitution of Kenya, 2010, Article 1, 2, 3, 5, 7, 8 and 10 of the Universal Declaration of Human Rights, Articles 1,… View Article

December 29, 2015


Diakaridia  COULIBALY v. The State and Others : Supreme Court of Mali, 2008


Diakaridia Coulibaly was born in 1977 and was convicted for raping a 13-year-old girl by name Farima Diakité. The Court of Appeal of Bamako sentenced him to 5 years’ imprisonment, after analyzing articles 226 of the Criminal Code; 346, 363, 631 of the Criminal Procedure Code and 725 of the Civil, Commercial and Social Procedure… View Article

November 10, 2017


Dino Robert Potlana Ntle, Appellant v. Khubelum Khaketla, Respondent: Lesotho Court of Appeal, 1983


This is an appeal case against an order of maintenance with regard to an illegitimate child. The applicant maintains that under customary law he is not under the obligation to provide maintenance for the illegitimate child. The appeal was dismissed with the appellant ordered to contribute to maintenance monthly. C. of A. CIV) No 3… View Article

December 29, 2015


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