Wakilii

In Re Harry John Shilling (An infant) (Adoption Cause No. 15 of 1991)

High Court · [1991] UGHC 6 · 1991 Petition Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Adoption petition filed by married couple seeking to adopt infant
Decision
Adoption petition dismissed for failure to satisfy statutory residency requirement

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that an adoption order cannot be granted where the applicants, though British citizens, are resident in Botswana and not in Uganda. Section 4(5) of the Adoption Act mandates that an adoption order shall not be made unless the applicant is resident in Uganda. The mandatory wording leaves no discretion to the court. Petition dismissed.

Outcome

Adoption petition dismissed for failure to satisfy statutory residency requirement

Facts

Steven Anthony Shilling and Judith Shilling, a married couple who are both British citizens resident in Botswana, petitioned to adopt Harry John Shilling, an infant. Steven Shilling is the biological father of the infant. The couple married on 10 December 1987 in Botswana. Both petitioners are teachers aged 38 and 47 years respectively, and they have no other children. The mother of the infant, Divina Babirye, consented to the adoption as required. Steven Ssekannyo, who had been looking after the infant, also consented. Both petitioners are resident at Tsabong in Botswana, not in Uganda.

Issues

  1. Whether an adoption order can be made in favour of applicants who are British citizens resident in Botswana rather than Uganda.

Orders

  • Petition dismissed.
  • Judith Shilling to bear the costs of the petition.

Rules and key headnotes

Family Law — Adoption — Statutory Requirements — Residence
An adoption order shall not be made in favour of any applicant unless the applicant is resident in Uganda, as required by section 4(5) of the Adoption Act. The mandatory wording of the statute leaves no discretion to the court to waive the residency requirement.
Statutory Interpretation — Mandatory Provisions — Judicial Discretion
Where a statute uses mandatory language such as 'shall not be made unless', the court has no discretion to depart from the statutory requirement regardless of the merits or circumstances of the case.

Legislation cited (3)

  • Adoption Act s.4(3)
  • Adoption Act s.4(4)
  • Adoption Act s.4(5)

Full judgment

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

In Re_ Harry John Shilling (An infant) (Adoption Cause No. 15 of 1991) [1991] UGHC 6 (23 December 1991)
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.