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In The Matter of Rwothmio Damian(Infant) (HCT – O8 – CV – FC – 0002 OF 2015)

High Court · [2015] UGHCFD 5 · 2015 Application Granted ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Application for legal guardianship under the Children Act
Decision
Legal guardianship granted to the applicants with permission to travel with the child to Austria and complete adoption procedures there

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Holding

The High Court granted legal guardianship of a seven-month-old orphan to an Austrian couple. The court held that it has inherent jurisdiction to grant guardianship orders where appropriate. Applying the welfare principle under section 3 of the Children Act, the court found that guardianship was in the child's best interest given the mother's death shortly after birth, the unknown biological father, and the inability of the aged great-grandmother and maternal relatives to care for the child. The applicants were found fit and proper persons based on their stable employment, financial capacity, clean background checks, and the consent of the child's kinsmen.

Facts

Rwothmio Damian was born on 29 April 2015. His mother, Bithum Roselyn, died immediately after delivery at Oleny Trading Centre. The biological father is unknown as the mother kept the pregnancy secret. The child was left in the care of his 73-year-old great-grandmother who was unable to care for him. On 25 May 2015, the maternal aunt brought the child to Moyo Babies Home. In July 2015, the applicants, an Austrian couple married for eight years and childless, visited the Home as volunteers and bonded with the seven-month-old infant. The maternal relatives and kinsmen consented to the guardianship application, acknowledging their inability to care for the child. The applicants are both employed (accountant and civil engineer) with stable financial backgrounds and clean criminal records.

Issues

  1. Whether the High Court has jurisdiction to entertain the application for legal guardianship.
  2. Whether the application for legal guardianship is in the best interest of the child.
  3. Whether the applicants are fit and proper persons to be appointed legal guardians of the infant.

Orders

  • The two applicants, Traunfellner Benhard and Traunfellner-Kugler Regina, are hereby jointly granted legal guardianship of the infant Rwothmio Damian to care and protect him and exercise their parental role and responsibilities over him until this child attains the age of 18 years or until further orders of this court.
  • The two applicants as a couple shall be free to travel with the said child outside Uganda, to their country of origin Austria where they ordinarily reside and are gainfully employed.
  • The two applicants are further permitted to initiate and complete all the necessary adoption procedures pertaining to this child Rwothmio Damian in Austria where they ordinarily reside.
  • The two legal guardians shall submit, once biannually, a report with the current photograph of child Rwothmio Damian, showing the state of his health, progress and welfare to the Registrar Family Division of the High Court of Uganda at Kampala, until the child attends the age of 18 years or until otherwise directed by further order of this court.
  • The legal guardians shall in addition be required to ensure that the infant retains its Ugandan citizenship in addition to any other citizenship they may acquire in due course.
  • Under no circumstances shall the legal guardians allow, convert, influence or do anything to change the child's religion from the Christian faith in which it has been baptized and born in before this child attains the age of 18 years of age.
  • The applicants shall furnish their physical address in this court, and email address and contact phone numbers for ease of contacts.
  • Costs of this application shall be met by the applicants.

Key headnotes

Family Law — Legal Guardianship — Jurisdiction of High Court
The High Court of Uganda has inherent jurisdiction to entertain applications for legal guardianship orders and may invoke its inherent powers to grant remedies where there are no specific provisions pertaining to a particular situation or in appropriate cases.
Family Law — Legal Guardianship — Welfare Principle — Best Interest of the Child
In all matters concerning children, the court is guided by the welfare principle as provided in section 3 of the Children Act and the First Schedule to that Act, which requires paramount consideration to be given to the child's best interest over all other issues.
Family Law — Legal Guardianship — Suitability of Guardians — Factors for Consideration
In determining whether applicants are fit and proper persons to be appointed legal guardians, the court considers factors including age, employment status, health, marital stability, financial and material background, criminal record, absence of child abuse or molestation history, and the consent of the child's kinsmen.
Family Law — Legal Guardianship — Conditions — Citizenship and Religion
Where legal guardianship is granted to foreign nationals, the court may impose conditions requiring that the child retain Ugandan citizenship in addition to any other citizenship acquired, and that the child's religion not be changed before attaining the age of 18 years.

Legislation cited (11)

  • Constitution of Uganda Art.139(1)
  • Constitution of Uganda Art.34(1)
  • Constitution of Uganda Art.34(2)
  • Judicature Act s.14
  • Children Act s.3
  • Children Act s.4(1)
  • Children Act s.4(2)
  • Children Act s.4(5)
  • Civil Procedure Act s.98
  • Civil Procedure Rules O.52 r.1
  • Civil Procedure Rules O.52 r.2

Cases cited (2)

  • Francis Palmer (An Infant) and Mrs Michelle Louise Palmer v Howard Amani Little (An Infant) and Mrs Rebecca Little (Civil Appeals Nos. 32 & 33 of 2006)
  • In The Matter of Ambrose Kajjungu and Justus Byamukama (Minors) (FC No. 0044 of 2015)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.