Wakilii

In Re Andrew Kintu (an infant) (Family Cause No.28 of 2014)

High Court · [2014] UGHCFD 10 · 2014 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for legal guardianship of an abandoned infant under Article 139(1) Constitution, Children Act and Judicature Act
Decision
Legal guardianship granted to foreign applicants with permission to complete adoption in the United States

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted legal guardianship of an abandoned infant to American applicants, finding it in the child's best interest and permitting them to complete adoption in the United States. The court held that legal guardianship applications are governed by the inherent jurisdiction of the High Court under Article 139 of the Constitution and relevant provisions of the Judicature Act, Children Act and Civil Procedure Act. The best interest of the child is paramount. Foreign nationals proved suitable as guardians where no local family offered to care for the abandoned child.

Outcome

Legal guardianship granted to foreign applicants with permission to complete adoption in the United States

Facts

Andrew Kintu, an infant with an estimated birth date of 6 April 2013, was abandoned by an unknown female passenger in a taxi at Nateete-Wakaliga Stage in Kampala on 2 June 2013. The stage manager and taxi driver took the child to police, who referred him to Nsambya Babies' Home. Efforts to trace the child's parents or relatives through radio announcements on CBS Radio and newspaper adverts in Bukedde Newspaper yielded no results. Tanner Scott Sogge and Amanda Lee Sogge, American nationals married since 2006 with two biological children aged 7 and 5, applied for legal guardianship. Tanner works as a welder fabricator; Amanda is a homemaker working part-time as a hair stylist. They underwent counselling, assessments and home study through Bethany Christian Services, a licensed US child placing agency. The home study report recommended them as exceptional and outstanding parents. No local family offered to adopt the child.

Issues

  1. Whether the grant of this application is in the best interest of the child?
  2. Whether the applicants are suitable guardians of the child, Andrew Kintu?
  3. Whether adoption can be completed in the United States of America?

Orders

  • The applicants, Tanner Scott Sogge and Amanda Lee Sogge are hereby given legal guardianship of the infant until the infant attains the age of 18 years or until other lawful orders.
  • The applicants are permitted to travel with the infant to the United States of America where the said applicants are normally resident and where they are gainfully employed.
  • The applicants shall make a return visit with the child to Uganda every five years.
  • The applicants are directed to ensure that the infant retains Uganda citizenship in addition to any other citizenship he may acquire.
  • The applicants are directed to submit progressive reports of the child every six months to the Probation and Welfare Officer of Kampala Capital City Authority, to the Registrar of the Family Division of the High Court of Uganda, to the Chief Registrar of the Courts of Judicature and to the Ugandan Embassy.
  • The applicants are ordered to return the infant to Uganda and produce him before the Registrar of the Family Division every five years until he attains the age of 18 years.
  • The applicants must deposit with this Court all manner of address including physical address, email addresses, phone numbers home, office and mobile.
  • Any change of address or change of circumstances of the applicants must be immediately communicated to the Probation and Welfare Officers of Kampala Capital City Authority, to the Registrar of the Family Division of the High Court of Uganda, to the Chief Registrar of the Courts of Judicature, and to the Ugandan Embassy in the United States.

Rules and key headnotes

Legal Guardianship — Jurisdictional Basis — Inherent Jurisdiction of High Court
Applications for legal guardianship, in the absence of specific statutory provisions governing the procedure, are brought under Article 139(1) of the Constitution and sections 14, 33 and 39 of the Judicature Act and section 98 of the Civil Procedure Act, which grant the High Court inherent and unlimited jurisdiction to determine such matters.
Legal Guardianship — Best Interest of the Child — Paramount Consideration
In applications concerning children, the best interest of the child is the paramount and overriding consideration that must guide the court's decision, in accordance with Article 3(1) of the UN Convention on the Rights of the Child and Article 1 of the Convention on the Protection of Children and Co-operation in Respect of Inter Country Adoption.
Legal Guardianship — Abandoned Children — Suitability of Foreign Guardians
Where an abandoned child faces institutionalisation and no local family has offered to provide care, the court may grant legal guardianship to foreign nationals who demonstrate the means, experience and willingness to provide a stable, loving home, as this serves the best interest of the child.
Legal Guardianship — Inter-Country Adoption — Permission to Complete Adoption Abroad
The court may permit legal guardians to travel with a child to their country of residence to complete adoption processes there, where this is necessary to fully realise the intention of the guardianship order and serves the best interest of the child.
Legal Guardianship — Safeguards — Retention of Ugandan Citizenship and Reporting Requirements
Where the court grants legal guardianship to foreign nationals with permission to complete adoption abroad, the court may impose conditions requiring the child to retain Ugandan citizenship, requiring periodic reports to welfare officers and the court registry, and requiring return visits to Uganda every five years until the child attains majority.

Legislation cited (14)

Cases cited (7)

  • In re M (An Infant) (Adoption Cause No. 9 of 1995)
  • Howard Amani Little (an Infant) and Mrs Rebecca Little and that of Francis Palmer (an Infant) and Mrs Michelle Louise Palmer Civil appeals 33 and 32 of 2006
  • In Re Michael (An Infant) (Family Cause No. 72 of 2009)
  • Re Mary Gimono an Infant and Jimmy Wayne Renslow and Gayla Deonne Renslow
  • In Re Deborah Joyce Alitubeera (Family Cause No. 70 of 2011)
  • In Re Richard Masaba (Family Cause No. 81 of 2011)
  • Miscellanoeus Application No. 38 of 2012

Full judgment

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In Re_ Andrew Kintu (an infant) (Family Cause No.28 of 2014) [2014] UGHCFD 10 (11 February 2014)
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.