The High court in Kabale has ordered Bishop Asili Nursery Day and Boarding Primary School to pay Shs 25 million in general damages to Tadeo Ruzindantaro over the disappearance of his daughter in 2018.
In Civil Suit No. 36 of 2022, Ruzindantaro accused the school of unlawfully releasing his then four-year-old daughter to his estranged wife, Mercy Kirande, without his consent. He accused the school’s head teacher, Sister Margaret Tusiime, of conspiring with Kirande to remove the child from Uganda and smuggle her to South Africa.
The dispute dates back to April 23, 2018, when Ruzindantaro discovered that his daughter had been taken without his knowledge. His current wife, Innocent Tukamushaba, had gone to the school to collect the child’s report card but was told that the girl had sat only two exams before being taken by Kirande with help from the head teacher.
The matter was initially reported at Kabale police station under SD Ref. 57/26/04/2018, but police advised Ruzindantaro to seek civil redress. During the court proceedings, it was revealed that the child had not been taken out of the country as earlier claimed, but had instead been staying in Kampala with Phionah Rukundo, a close friend of Kirande.
She was eventually reunited with her father in 2023, five years later. A report by Kabale district senior probation officer Monica Muhumuza and the Family and Child Protection Unit at Kabale police indicated that the child had been removed due to alleged mistreatment by Ruzindantaro and his current wife.
It claimed the child struggled with school fees and lacked scholastic materials. However, in her court testimony, the girl refuted the report, stating she had no problems with her father and was unaware of her relocation until their reunion.
She confirmed that she now happily lives with Ruzindantaro and is attending Immaculate Heart Girls School in Nyakibale, Rukungiri, with full support from her father. Presiding judge Justice Karoli Lwanga Ssemogerere ruled that the school breached the Children Act Cap 59 and Article 31(4) of the Constitution, which grants parents the right and duty to care for their children.
He said the school failed in its duty of care and allowed a third party, who was neither a parent nor legal guardian, to take the child. Justice Ssemogerere also faulted Rukundo for ignoring court summons, saying her absence weakened any mitigating arguments in the school’s favour.
He ordered the school to pay Shs 25 million in general damages to Ruzindantaro for the psychological trauma suffered. The school must also cover half of Ruzindantaro’s legal expenses.
Attempts to get a comment from the school’s bursar, Godfrey Kalenzi, and management committee members Oddo Byamugisha and George Nsaba were unsuccessful. Their lawyer, Justus Muhangi, also declined to speak to The Observer.
However, Ruzindantaro’s lawyers, Timothy Twikirize and Godwin Masereka, welcomed the ruling, calling it a precedent for schools to prioritize child protection. Ruzindantaro also accused the school of attempting to tarnish his reputation through social media during the case.
Where are we heading to ?