CASE RULING; CEHURD and Nakayima Fatumah V. The Executive Director, Mulago National Referral Hospital and Attorney General Misc Cause No. 327 of 2016.

The Civil Division of the High Court of Uganda delivered a positive ruling in the case of CEHURD and Nakayima Fatumah V. The Executive Director, Mulago National Referral Hospital and Attorney General Miscellaneous Cause No. 327 of 2016.

In 2016, CEHURD and Nakayima Fatumah filed a case against the Executive Director of Mulago National Referral Hospital and the Attorney General challenging the disappearance of her baby after a C-section at Mulago National Referral Hospital. The baby or its body has never been found and it is against that background that this case was filed seeking declarations that the failure of Mulago Hospital to give Fatumah her baby after birth and provide her with information concerning the whereabouts of her baby, dead or alive, was a violation of her right to health and the right not to be subjected to cruel, inhuman and degrading treatment; and an order that Mulago Hospital immediately avails Fatumah’s child.

Following a litigation journey of 7 years, a positive ruling was delivered in this case and Court declared and ordered that the failure of the Hospital to give Fatumah her baby after birth and provide her with information concerning the whereabouts of her baby dead or alive, is a violation of her right to health, and Fatumah is to be paid UGX 50,000,000/- as compensation and this compensation will attract interest of 15% per annum from the date of ruling until paid in full.

1. Access Press statement >  http://bit.ly/49h1k8I