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

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

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

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

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

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

Dzvova v Minister of Education, Sports and Culture & others: Supreme Court of Zimbabwe, 2007

This suit is brought by the parent of a Rastafarian minor. The child of the applicant had been discriminated against in school by the authorities for having dread locks which the school instructed the applicant to get rid of or transfer the child to another school. The applicant contends that the hairstyle of the child… View Article

In the matter between ‘Mamosiuoa Hlehlisi and Francis Monyane: High Court of Lesotho, 1988

The applicant is applying to have custody of a child based on the best interest of the child. Both parties are the grandparents of the child whose parents have deceased. Upon deliberation, the applicant was granted custody. CIV/APN/287/85: IN THE HIGH COURT OF LESOTHO: In the matter between: ‘MAMOSIUOA HLEHLISI Applicant and FRANCIS MONYANE Respondent: JUDGMENT

In the matter between Craig Anthony Cowell and Nola Cowell: High Court of Botswana, 2004

On 1 March 2004, the respondent was granted a divorce decree and awarded the custody of the minor child. The applicant was granted rights of access and ordered to pay maintenance for the child. The applicant sought a Rule Nisi because the Respondent intends to leave Botswana to settle in the United Kingdom, thereby frustrating… View Article

In the matter between EH versus D (previously H): High Court of Namibia, 2012

The parties in this case were married and have three children – two girls and a boy. While the children were minors, the girls stayed with the respondent while custody of the boy remained with the applicant. The boy and one girl have since matured and live separate from their parents. The second daughter is now… View Article

In the matter between Erastus Tjiundikua Kahuure et al. and Minister of Regional and Local Government and Housing and Rural Development et al: Supreme Court of Namibia, 2013

“This appeal arises from protracted legal proceedings essentially concerning a deeply regrettable and polarising dispute over the succession to the chieftaincy of the Ovambanderu Traditional Community. It is a matter that has a profoundly divisive effect on the community, resulting in the emergence of two opposing factions, each backing its preferred contender to the chieftaincy.”… View Article

In the matter between George Andreck and Central District Council: High Court of Botswana, 2006

The Applicant is an adult male with de facto custody of three minors born out of wedlock – the mother is deceased. The issue in contention is whether the applicant is eligible to bring a claim on behalf of the minors. The respondent, considering that the applicant was not candid, removed the children from their… View Article

In the matter between Gerson Naweseb and the State: High Court of Namibia, 2014

The appellant was convicted for rape and was sentenced to 18 years’ imprisonment. The appellant‘s appeal was initially against both the conviction and the sentence however, the appellant filed an amended Notice of Appeal in which he abandoned the appeal against sentence. So what was serving before the Court was his appeal against the conviction…. View Article

October 4, 2016

In the matter between Isolde Venter and Ingo Ernst Venter: Namibia High Court, 2012

The Applicant seeks interim custody of the two minor children born of her marriage, interim maintenance in the amount of N$5 000-00, per month, per child, and payment of the amount of N$12 670-00 in respect of a debt incurred by her, relating to the school fees of the minor child A. It is noted… View Article

December 29, 2015

In the matter between Johannes Paulus Bocky and The State: Namibia High Court, 2013

The appellant was arranged in the regional court on counts of house breaking, rape and robbery. Upon conviction, the appellant claims that the judge had erred in his acceptance of evidence, judgment and sentencing. The appellant therefore seeks for condonation which is granted with some sentences set aside and others to be served concurrently. “The… View Article