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 UGHC 63 (2006-04-27)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court granted the application appointing the applicant as legal guardian of her three minor children who are registered proprietors of land. The court authorised the guardian to mortgage, transfer, or deal with the land in any manner she deems appropriate, being satisfied that the guardianship order was sought for the welfare of the minors to capitalise business enterprises on the land.
Outcome
Applicant appointed legal guardian with authority to deal with minors' land
Facts
The applicant is the mother and widow of three minor children who are registered proprietors of land at Lutamu, Bulemezi. 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 applicant's husband died on 11 May 2005. The minors are school-going and depend entirely on their mother for fees, maintenance and upkeep. The applicant sought appointment as legal guardian to enable her to mortgage the land to obtain capital to capitalise the hotel business and cattle farm for the welfare and advancement of the minors' interests.
Issues
- Whether the applicant should be appointed legal guardian of the three minors.
- Whether the applicant should be authorised to mortgage land registered in the names of the minors.
Orders
- Application allowed.
- Applicant appointed guardian of Esther Ntege, Kalebo Ntege and Sarah Ntege, the minors.
- 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
Full judgment
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