Wakilii

In Re Kigenyi & Nabwire ( children) (Family Cause No. 012 of 2019)

High Court · [2019] UGHCFD 7 · 2019 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for appointment as legal guardian of minor children to authorize sale of land in which the minors have registered interests
Decision
Applicant appointed legal guardian and authorized to sell part of land for benefit of minor children

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court appointed the applicant as legal guardian of his two minor children and authorized him to sell part of land registered in their names. The application was brought to enable the father to meet the children's education and basic needs. The court applied the welfare principle, finding that selling a portion of the one-acre land while retaining the rest in trust for the children was in their best interests.

Outcome

Applicant appointed legal guardian and authorized to sell part of land for benefit of minor children

Facts

The applicant, a 51-year-old businessman, sought appointment as legal guardian of his two biological minor children, Kigenyi Umar (aged 9) and Shabra Nabwire (aged 6). The purpose was to authorize sale of part of land comprised in FRV JJA360 Folio 23, Plot No. 4758 at Kyamagwa. The land, measuring one acre, was registered in the names of the applicant, another person named Sharif Kigenyi, and the two minor children. The applicant acquired the land in 2017. He stated he had been providing for the children but was now financially incapacitated following the collapse of his restaurant business. He wished to sell a portion measuring 30 feet by 70 feet to a neighbour to meet the children's education and basic needs. Part of the land was already rented to Bridge Academy School and another part served as the matrimonial home. The children's mother, Nalubanga Nulu, consented to the application.

Issues

  1. Whether the applicant should be appointed legal guardian of his biological minor children.
  2. Whether the sale of part of land registered in the names of minor children is in their best interests and welfare.

Orders

  • Application granted.
  • Musa Jomo appointed legal guardian of Kigenyi Omar and Shabra Nabwire.
  • Applicant authorized to sell part of land comprised in FRV JJA360 Folio 23, Plot No. 4758 at Kyamagwa.
  • Proceeds of sale to be used for the welfare of the two minor children.
  • Applicant to meet the costs of the application.

Rules and key headnotes

Guardianship — Appointment of Legal Guardian — Sale of Children's Property
A parent may be appointed legal guardian of their biological minor children for the purpose of disposing of property registered in the children's names where such disposal is necessary to meet the children's needs and is in their best interests.
Children's Property — Welfare Principle — Paramount Consideration
In applications concerning disposal of children's property under the Children Amendment Act, the welfare and best interests of the children are the paramount consideration.
Property Held by Minors — Disposal by Guardian — Partial Sale
Where land is registered in the names of minor children together with adults, a court may authorize a guardian to sell part of the land while retaining the remainder in trust for the minors, provided the sale serves the children's welfare.

Legislation cited (4)

Full judgment

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

In Re_ Kigenyi & Nabwire ( children) (Family Cause No. 012 of 2019) [2019] UGHCFD 7 (16 April 2019)
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.