ACERWC Case Law Database
About The Case Law Database
The African Child Rights Case Law Database is a collection of judgments from domestic courts in various African countries on cases related to the rights and welfare of children.
The development of this database falls within the framework of a mega project titled ‘The African Children’s Charter Project’ – ACCP, aimed at providing support to the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) to fulfill its mandate, and promote children’s rights and welfare in AU bodies and mechanisms among others. This project is realized by a consortium of regional and international non-governmental organizations, with the support of the Swedish International Development Agency (SIDA, http://www.sida.se/English/). The consortium includes Plan International (http://plan-international.org), Save the Children International (https://www.savethechildren.net/), the African Child Policy Forum (ACPF, http://www.africanchildforum.org/en/index.php/en/), the Dullah Omar Institute (former Community Law Centre) University of Western Cape (https://www.uwc.ac.za) and the Institute for Human Rights and Development in Africa (IHRDA, http://www.ihrda.org/).
A.A v. M.D: N’Djamena Court of Appeal, 2000
MD is accused of helping his daughter move her children to another country without the husband’s (AA) consent. The court declares MD not guilty. Displeased, A.A appeals. Reviewing the facts presented, the court maintains previous judgment in its entirety.
Date:Court: Court of AppealAbdraman Mahamat v. Abdeldaim Fizani: N’Djamena High Court, 2021
Mahamat files this case on behalf of his parents, accusing Abdeldaim, a 15-year-old boy of assault and battery. Abdeldaim acknowledges the facts, pleads legitimate defence and requests the court to declare him not guilty. Analysing the evidences and arguments presented, Abdeldaim is declared guilty. He is given 2 years suspended sentence. His father is ordered to pay the sum of 1.500.000frs as reimbursement for medical expenses and damages caused.
A.D. v M.S: Thies Court of Appeal, 2018
A.D pleads the court to review a decision granting custody of her children to their father during their divorce proceedings. She mentions that the court granted her visitation rights to the children but their father prevents her from exercising her parental right and has cut all form of communication between her and the children. M.S (the father) denies these allegations and requests the court to dismiss the case. The case is dismissed and previous judgment is maintained.
Date:Court: Court of AppealA.D. v M.S: Thies Court of Appeal, 2018
A.D pleads the court to review a decision granting custody of her children to their father during their divorce proceedings. She mentions that the court granted her visitation rights to the children but their father prevents her from exercising her parental right and has cut all form of communication between her and the children. M.S (the father) denies these allegations and requests the court to dismiss the case. The case is dismissed and previous judgment is maintained.
Date:Court: Court of AppealA.S. v. I.D.: Dakar Appeal Court, 2017
A.S. requests the court to grant her custody of her 3 children and order I.D, their father to pay 500.000frs as support. She alleges that her husband has abandoned she and the children and assaults her often. On his part, I.D denies her allegations, insisting that he provides for the wellbeing of his family and also requests the court to reduce the amount demanded to 50.000frs per child. Custody is granted to the mother and I.D awarded visitation rights and asked to pay the sum of 300.000frs monthly for support
A.ND. v. B.A.: Dakar Appeal Court, 2019
ND. requests the court to grant her custody of her daughter and a sum of 100.000frs for child support. Before hearing, she was granted access to the child every other weekend, though this was changed later and the child was put under her guardianship. During the hearing, she alleges that her husband does not provide adequate care for the child and is often violent towards her. B.A (the husband) refutes these allegations. Custody is however granted to the mother. B.A is awarded visitation rights and asked to pay the sum of 75.000frs for child support.
A.D. v. J.E.R.M: Dakar Appeal Court, 2016
A.D accuses her husband of preventing her from exercising her parental reponsability towards their children. She pleads the Court to instruct him to provide her with financial support. J.E.R.M (her husband) states having financial problems. With no evidence to support his claims, the Court orders A.D to be paid the sum of 75.000frs monthly
Date:Court: Court of AppealAbdullah Moktar Ahmed v. Fawziyah Youssef: National Supreme Court, 2015
The case concerns the provision of child support for 3 children aged 16, 14 and 10 years. The trial court orders the the repondent (the father) to provide 450 pounds for food and nourishment and 300 pounds for clothing allowance, every four months; for education, the costs would be as per rates for government school, while health care costs would be covered according to the bills provided by government hospitals counting. The respondent appeals the decision, requesting for reduced costs; but the Appeal Court rejects the appeal. The supreme Court equally dismisses the case.
Sudan-Case-High_Court-South_Darfur_State-Ahmed_vs_Ahmed-No_378_2015-2015-En.pdfAbu Baker Mehdi Fathi v. Ablaa Gissm Al-Saeed: National Supreme Court, 2016
This case concerns the right to custody over a 2-year-old girl. The trial court gives custody of the child to the father, but the Appeal Court overturns the decision, citing Article 109 of the Personal Status Law of 199, and saying the mother has priority in raising the minor as long as the conditions of the law have been met. The Supreme Court also agrees with the Appeal Court decision.
Sudan-Case-High_Court-Northern_State-Fathi_vs_Saeed-No_172_2016-2016-En.pdfAB & CB v PRIDWIM PREPARATORY SCHOOL et al and EQUAL EDUCATION: SUPREME COURT OF APPEAL OF SOUTH AFRICA, 2018
This appeal concerns the right of a private school to terminate contracts between it and the parents of two children. The consequence of the termination is that the parents will have to find another school for their children.
As a result, the appeal is upheld with costs, including the costs of two counsel.
A-B-and-Another-v-Pridwin-Preparatory-School-and-Others-A-B-and-Another-v-Pridwin-Preparatory-School-and-Others.pdf