In Re Application for Guardianship of Walugembe Nabisere Nicole Carol and Walugembe Juuko Nicander by Walugembe Aaron Cyrus and Walugembe Rumanyika Jean Harriet (Miscellaneous Cause 53 of 2005) (Misc
Observed later treatment
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Holding
The High Court Family Division appointed both parents as legal guardians of their infant children for the limited purpose of mortgaging jointly owned land. The court was satisfied that mortgaging the property to raise development funds was in the best interest of the children.
Outcome
Guardianship granted for limited purpose of mortgaging jointly owned property
Facts
The applicants, Walugembe Aaron Cyrus and Walugembe Rumanyika Jean Harriet, sought appointment as legal guardians of their biological children, Walugembe Nabisere Nicole Carol and Walugembe Juuko Nicander, both infants. All four persons were registered as joint proprietors of land comprised in Block 266 Plot 817 at Seguku. The applicants sought guardianship specifically for the purpose of mortgaging the property to raise funds for its development. Both applicants and the two children were present at the hearing.
Issues
- Whether the applicants should be appointed legal guardians of the infants for the purpose of mortgaging jointly owned land.
Orders
- Walugembe Aaron Cyrus and Walugembe Rumanyika Jean Harriet appointed legal guardians of Walugembe Nabisere Nicole Carol and Walugembe Juuko Nicander for the purpose of dealing in Land comprised in Block 266 Plot 817, Land at Seguku.
- The petitioners to pay the costs of this petition.
Rules and key headnotes
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.