Wakilii

In Re Arnold Kissekka (Infant) (Family Cause No. 102 of 2009)

High Court · [2009] UGHC 75 · 2009 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for legal guardianship under the Children Act
Decision
Applicants appointed legal guardians with ongoing reporting obligations until child reaches 18 years

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Court granted application appointing American citizen applicants as legal guardians of abandoned infant. Held that guardianship was in child's welfare and best interests where father abandoned child and no relatives claimed him. Applicants found suitable as married couple, gainfully employed, with positive home study, no criminal record, and willing to provide loving home.

Outcome

Applicants appointed legal guardians with ongoing reporting obligations until child reaches 18 years

Facts

Arnold Kissekka, a 5-year-old child, was abandoned by his father Sserwada Moses at Mulago Hospital on 17 February 2006. The father left a note stating he was unable to care for the child. Radio announcements on 21 February 2006 calling for relatives produced no response. The child was placed in Amani Baby Cottage by the Family and Children Court at Jinja on 18 June 2009. Troup Justine Bradley and Troup Katie Marie, American citizens who are married and gainfully employed, applied for legal guardianship. They had previously been granted a care order on 13 November 2006. A home study conducted by Adoption Associates in the United States found them suitable as guardians. They have no criminal record and are willing to provide a loving home.

Issues

  1. Whether the application is for the welfare and in the best interests of the child.
  2. Whether the applicants are suitable guardians for the child.

Orders

  • Application granted.
  • Applicants appointed legal guardians of Arnold Kissekka (infant).
  • Applicants directed to register the order with the Registrar of Documents, Uganda Registration Service Bureau, Ministry of Justice and Constitutional Affairs, Kampala.
  • Applicants directed to register the order with the United States Embassy in Kampala and the Ugandan Embassy in Washington.
  • Applicants directed to obtain a Ugandan passport for the child and to renew it from time to time as required by law.
  • Applicants permitted to travel out of Uganda with the child.
  • Applicants directed to register the order with the authority responsible for children in their home town in Mifflingburg, Pennsylvania, United States of America.
  • Applicants directed to file a report with the Registrar, Family Division, High Court, every one year regarding the welfare of the child until the child is 18 years or until directed otherwise.
  • No order as to costs.

Rules and key headnotes

Family Law — Guardianship — Best Interests of the Child
In making any decision concerning a child under 18 years of age, the child's welfare is of paramount consideration.
Family Law — Guardianship — Suitability of Guardians — Factors
In assessing suitability of applicants for guardianship, relevant factors include marital status, gainful employment, positive home study findings, absence of criminal record, and willingness to provide a loving home.
Administrative Law — High Court Jurisdiction — Inherent Powers
The High Court has inherent powers to grant such remedies as are necessary in the interest of justice and to prevent the abuse of court process.

Legislation cited (7)

Full judgment

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

In Re_ Arnold Kissekka (Infant) (Family Cause No. 102 of 2009) [2009] UGHC 75 (8 September 2009)
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.