In Re Nakyonyi Valeria [minor] (Family Cause 199 of 2013)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that where a biological father who has custody of his minor child seeks guardianship to sell land he purchased and registered in the child's name, and the child of understanding age consents, the court will grant guardianship and authorise the sale where it is in the child's best interests and welfare.
Outcome
Guardianship granted and authority to dispose of minor's land authorised
Facts
The applicant Walakira George is the biological father of Valeria Nakyonyi Gozaga, a minor who has been in his custody since birth. He is her sole provider. The applicant purchased land comprised in Kyadondo Block 180 Plot 662 at Kitukutwe and registered it in the minor's name. He brought an ex parte application seeking legal guardianship over the minor and authority to sell the land to cater for the minor's interests and welfare. The minor attended court and was examined on oath, confirming the applicant was her biological father and stating she was not opposed to the sale of the land for her welfare.
Issues
- Whether the applicant should be granted legal guardianship over his biological daughter.
- Whether the applicant should be authorised to sell land registered in the minor's name for her benefit.
Orders
- Legal guardianship over Valeria Nakyonyi Gozaga (a minor) granted to the applicant, her biological father Walakira George.
- Walakira George authorised to sell and/or dispose of land comprised in Kyadondo Block 180 Plot 662 land situate at Kitukutwe registered in the names of Valeria Nakyonyi Gozaga (a minor) for the benefit of the minor.
- Costs of the application to be met by the applicant.
Rules and key headnotes
Legislation cited (12)
- Constitution of Uganda Article 139(1)
- Constitution of Uganda Article 34(1)
- Constitution of Uganda Article 34(2)
- Judicature Act Cap 13 s.14
- Judicature Act Cap 13 s.33
- Children Act s.3
- Children Act s.4
- Children Act s.5
- Children Act s.6
- Civil Procedure Act Cap 71 s.98
- Civil Procedure Rules Order 32 rule 4(1)
- Civil Procedure Rules Order 32 rule 4(2)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.