In Re An Application for Legal Guardianship of Minors by Margaret Kamuzana & In Re Bulemezi Block 160, Plot 162, Land at Lutamu, B (Family Cause No. 39 of 2006) (Family Cause No. 39 of 2006) [2006]

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The court granted the application and appointed the applicant as legal guardian of her three minor children. The court authorised the guardian to mortgage, transfer, or otherwise deal with land registered in the minors' names, being satisfied that the guardianship was sought for the minors' welfare and that the proposed loan would advance their interests.

Outcome

Applicant appointed legal guardian with full authority to deal with minors' land

Facts

The applicant is the mother and widow of three school-going minors who are registered proprietors of land at Bulemezi Block 160 Plot 162, Lutamu. The land was gifted to the minors by their paternal grandfather and contains a matrimonial home, cattle farm, and hotel which the applicant operates. The minors' father died in May 2005. The applicant seeks guardianship to enable her to mortgage the land to obtain capital for the hotel business and cattle farm for the welfare and advancement of the minors' interests.

Issues

1. Whether the applicant should be appointed legal guardian of the minors to enable her mortgage land registered in their names.

Orders

• Application allowed.
• Applicant appointed guardian of Esther Ntege, Kalebo Ntege and Sarah Ntege.
• Applicant authorised to mortgage, transfer, tender as security and to deal in any way whatsoever she deems appropriate, the land comprised in Bulemezi Block 160 Plot 162, land at Lutamu, Bulemezi.

Rules and key headnotes

The original judgment as reported. Read the original PDF before relying on any passage.