In Re Application for Guardianship of Jane Namukasa (An infant) (Miscellaneous Application No. 78 of 1991)

Observed later treatment

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 appointed foreign nationals as legal guardians of a two-year-old orphan, applying the welfare principle as the paramount consideration. The court was satisfied that the applicants, an Italian couple with stable employment and income, could provide parental care superior to institutional living, particularly where the child's only known relative was unable to provide care and supported the application.

Outcome

Guardianship order granted with ongoing reporting and contact requirements

Facts

Jane Namukasa was born on 12 November 1988 to Florence Nansubuga, who died on 2 April 1989. After her mother's death, the infant was cared for by the Daughters of Charity. The father was unknown. The child's closest living relative was a paternal grand aunt, also named Florence Nansubuga, who was destitute and unable to care for herself or the child. The applicants, Stefano and Silvia Lamon, were an Italian married couple residing at Matany Hospital, Moroto. Stefano was a doctor and Silvia a teacher. They had been married since 27 June 1987 and had no children. References from the Daughters of Charity and the applicants' employer confirmed they had sufficient income and good intentions. The grand aunt supported the application.

Issues

1. Whether it is in the best interest and welfare of the infant Jane Namukasa for the applicants Stefano Lamon and Silvia Lamon to be appointed as her legal guardians.

Orders

• The applicants Stefano and Silvia Lamon are hereby appointed guardians of the infant Jane Namukasa.
• A report on the progress of the child should be submitted every six months to the Probation/Welfare Office in Kampala.
• The same report should be sent to Daughters of Charity for the information of the grand aunt Florence Nansubuga.
• The Probation/Welfare Office in Kampala should inform the court if it does not receive the said reports.
• The child should be brought to visit her grand aunt at the guardians' expense once every 2 years until after age 12, and thereafter once every 3 years.
• The Registrar to send a copy of this order together with the addresses of the guardians in Uganda and Italy to the Ministry of Foreign Affairs Kampala and the Probation and Welfare Officer Kampala.

Rules and key headnotes

Legislation cited (1)

• Judicature Act 1967 s.9(a)

Cases cited (3)

• Misc. A. No.13/91 Faith Aroha Tusubira (Infant Molly Samuels)
• Misc. App, No. 3/89 Nabukalu Infant & Mr. & Mrs. Van Xanten
• Misc. pp, No. 59 of 1989 Grace Tumwebaze Namara & Mr. & Mrs. Guest Gyesen

Cases citing this judgment (3)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• In The Matter of Basemera Rose An Infant (Miscellaneous Application No. 0001 of 2009)
• In The Matter of David Twesige An Infant (Miscellaneous Application No. 0008 of 2008)
• In Re Twesiga (Infant ) (Misc. Application No. 0004 of 2008)

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