In Re Guardianship of Kasozi Moses (Minor aged 14 years) (Family Cause No. 094 of 2009)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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 High Court granted guardianship and custody of a 14-year-old child to his biological mother, a citizen of Australia, finding that the application was in the child's best interest and that the mother, who had been responsible for the child's care since birth, was a suitable guardian. The father's whereabouts were unknown but he had given his consent. The welfare of the child was the paramount consideration under the Children Act.

Outcome

Guardianship and custody granted to biological mother; child permitted to travel to Australia with mother

Facts

The applicant, Mariam Habibu Atib, a registered nurse and Australian citizen, applied for guardianship and custody of her 14-year-old biological son, Kasozi Moses. Since the child's birth, the applicant had been responsible for his welfare including shelter, healthcare, education and clothing. The biological father, Lumala Rogers, gave his consent to the application but his whereabouts were uncertain and he may have immigrated to England. The applicant sought to take the child to live with her in Australia. The child was living in Uganda at the time of the application.

Issues

1. Whether the application is for the welfare of the child and in his best interest.
2. Whether the applicant is a suitable guardian for the child.

Orders

• The applicant is appointed legal guardian of the minor, Kasozi Moses.
• The applicant is granted legal custody of the minor Kasozi Moses.
• The applicant is directed to register the order with the Registrar of Documents, Uganda Registration Services Bureau, Ministry of Justice and Constitutional Affairs, Kampala.
• The applicant is directed to obtain a Ugandan passport for the child and to renew it from time to time as required by the law.
• The applicant is permitted to travel out of Uganda with the child.
• The applicant is directed to register the child with the Australian Embassy in Nairobi, and the Ugandan Counsel in Australia.
• No order as to costs.

Rules and key headnotes

Legislation cited (14)

• Constitution of Uganda 1995 Article 13
• Constitution of Uganda 1995 Article 9(2)
• Constitution of Uganda 1995 Article 139(1)
• Judicature Act Cap 13 s.14
• Judicature Act Cap 13 s.33
• Judicature Act Cap 13 s.39
• Children Act Cap 59 s.2
• Children Act Cap 59 s.3
• Children Act Cap 59 s.4
• Children Act Cap 59 s.5
• Children Act Cap 59 s.6
• Children Act Cap 59 Schedule 1 paragraph 1(b)
• Civil Procedure Act Cap 71 s.98
• Civil Procedure Rules SI 71-1 Order 52 rules 1, 2 and 3

Cases cited (2)

• In Re Maria Nalugya (An Infant) (1997) V KALR 134
• In Re Jane Nakintu and 2 Others (1997) V KALR 138

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