In Re Nakato & Ekote (Minors) (Family Cause No. 26 of 2014)

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 has jurisdiction under the Constitution and Children Act to appoint legal guardians. Where a biological father is unable to care for twin minors following their mother's death, and no relatives have come forward, the court will appoint foreign national applicants as legal guardians and permit emigration to the USA where the welfare principle under the Children Act is satisfied and the applicants are suitable persons of good character with stable employment and family.

Outcome

Applicants appointed legal guardians and permitted to emigrate with the children to the USA

Facts

Twin minors Nakato Biribawa Scovia and Wasswa Paul Ekote were born on 26 September 2012. Their mother Nerima Pelusi died on 20 December 2013, leaving them in the care of their biological father Okwale Simon, who already had seven children. The twins suffered developmental delays and required frequent hospitalisation. The father was unable to care for them and registered their plight with local authorities. The children were placed under Care Orders dated 26 May 2014 with God's Mercy Children's Home. No maternal or paternal relatives came forward to provide for the children. American citizens David Mathew Ludwig and Jessica Rae Ludwig, both Ministers of Family Ministries, applied for legal guardianship to enable them to emigrate with the children to the USA. The biological father consented to the application. The applicants already had two children of their own and had passed a home study assessment.

Issues

1. Whether the High Court has jurisdiction to entertain an application for legal guardianship.
2. Whether the applicants are suitable persons to be appointed legal guardians of the children.
3. Whether the application is in the best interests of the children.
4. Whether the applicants can migrate with the children to the United States of America.

Orders

• David Mathew Ludwig and Jessica Rae Ludwig appointed legal guardians of Nakato Biribawa Scovia and Wasswa Paul Ekote.
• Applicants permitted to emigrate with the children to the United States of America.
• Applicants directed to register the order with the Registrar of Documents, Uganda Registration Services Bureau, Ministry of Justice and Constitutional Affairs, Kampala.
• Applicants directed to obtain Ugandan passports for the children and renew them as required under law.
• Applicants directed to register the children with the USA Embassy and Ugandan Counsel in the USA.
• Court to be notified about adoption when it occurs.
• Costs of the application to be borne by the applicants.

Rules and key headnotes

Legislation cited (13)

• Constitution of the Republic of Uganda 1995 Article 139(1)
• Constitution of the Republic of Uganda 1995 Article 34(1)
• Constitution of the Republic of Uganda 1995 Article 34(2)
• Judicature Act Cap 13 s.14
• Judicature Act Cap 13 s.33
• Judicature Act Cap 13 s.39
• Children Act Cap 59 s.3
• Children Act Cap 59 s.4
• Children Act Cap 59 s.5
• Children Act Cap 59 First Schedule paragraph 1(b)
• Civil Procedure Act Cap 71 s.98
• Civil Procedure Rules S.I 71-1 Order 52 r.1
• Civil Procedure Rules S.I 71-1 Order 52 r.2

Cases cited (1)

• In Re Nakanwagi Gladys Matovu and Nabukeera Marion Daisy Matovu (Family Cause No. 104 of 2011)

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