In Re Nalwadda Veronica (minor) (Family Cause 242 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 granted an ex parte application appointing a biological mother as legal guardian of her minor daughter and authorizing her to dispose of jointly-owned land where the minor, the biological father, and the mother all consented, and the sale was for the minor's benefit. The court applied the best interests of the child principle under Article 34 of the Constitution and the Children Act, finding that disposal of land purchased by the mother for compensation purposes served the minor's welfare.

Outcome

Applicant appointed guardian with authority to dispose of jointly-owned property for minor's benefit

Facts

In 2010, the applicant Nambugu Eva purchased land at Kiwatule comprised in Busiro Block 338 Plot 750 and registered it jointly with her minor daughter Veronica Nalwadda. The land became subject to compensation by the Uganda National Roads Authority. The applicant, who is the biological mother of the minor, sought legal guardianship and authority to dispose of the land for the minor's benefit. The applicant's husband, Musoke John Bosco, who is the biological father of the minor, consented to the application through affidavit. The minor, found by the court to be of understanding age, was examined on oath and stated she was not opposed to her mother disposing of the land to cater for her interests. Both parents confirmed the disposal was for the minor's welfare.

Issues

1. Whether the applicant should be appointed legal guardian of the minor Veronica Nalwadda.
2. Whether the applicant should be granted authority to dispose of property jointly owned with the minor.

Orders

• The applicant Ms Nambugu Eva is appointed as the guardian of Veronica Nalwadda.
• The applicant is granted authority to dispose of the property described as Busiro Block 338 Plot 750, for the benefit of the above said minor.
• Costs of this application will be met by the applicant.

Rules and key headnotes

Legislation cited (9)

• Constitution of Uganda Article 139(1)
• Constitution of Uganda Article 34
• Civil Procedure Act cap 71 s.98
• Judicature Act cap 13 s.14
• Judicature Act cap 13 s.33
• Children Act cap 59 s.2
• Children Act cap 59 s.3
• Civil Procedure Rules SI 71-1 Order 52 rule 1
• Civil Procedure Rules SI 71-1 Order 52 rule 3

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