Wakilii

In Re Nansubuga Jessica Katrina Kirabo (a minor) (Family Cause 002 of 2015)

High Court · [2015] UGHCFD 45 · 2015 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance application for guardianship order under Succession Act and Children Act
Decision
Applicants appointed legal guardians of the minor

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where a minor's mother is deceased, her biological father and stepfather are unwilling to assume parental responsibility, and the applicants (a married couple related to the child) have cared for the child and are willing to be legal guardians, the High Court may exercise its inherent jurisdiction under section 44(2) of the Succession Act and section 98 of the Civil Procedure Act to appoint them as legal guardians. The primary consideration is the best interests of the child under Article 34 of the Constitution and the Children Act.

Outcome

Applicants appointed legal guardians of the minor

Facts

The minor Jessica Katrina Kirabo was born on 11 February 2013 to Linda Esther Sempebwa Nsubuga, who was then married to Victor Wasswa. The mother passed away on 20 October 2013 when the minor was seven months old. A DNA test established that the minor's biological father is Herbert Nfanshingabo Ruyanje, with whom the deceased had an extramarital relationship. The applicants, Allan Turinawe and Catherine Sempebwa Turinawe (a maternal aunt to the minor), assumed custody of the child after the mother's death, as agreed at a family meeting. The biological father is married and his wife is unwilling to raise the child. He consented to the applicants raising the minor and renounced all parental claims. The stepfather Victor Wasswa also has no interest in raising the child. The applicants are a married couple with a seven-year-old daughter and have cared for the minor as their own since November 2013.

Issues

  1. Whether the court has jurisdiction to grant the guardianship application.
  2. Whether it is in the best interests of the minor that the applicants be appointed as her legal guardians.

Orders

  • The applicants are appointed legal guardians of the infant Jessica Catrina Kirabo.
  • The legal guardians shall submit once a year, photographs and a report on the state of health, progress and welfare of the child to the Registrar, Family Division of the High Court of Uganda at Kampala until she attains 18 years of age or until directed otherwise.
  • The Registrar of the High Court shall furnish a copy of the orders in this ruling, together with the address of the legal guardian to the Ministry of Justice and Constitutional Affairs of Uganda.
  • The legal guardians shall immediately communicate any changes of addresses to the authorities mentioned above.
  • Costs of this application will be borne by the applicants.

Rules and key headnotes

Guardianship — Statutory Guardianship — Jurisdiction under Succession Act s.44(2)
Where there is no person willing or entitled to be a guardian under section 44(1)(a) to (e) of the Succession Act, the High Court may, on the application of any person interested in the welfare of the infant, appoint a guardian under section 44(2), and may invoke its inherent powers under section 98 of the Civil Procedure Act to grant remedies where there are no specific provisions.
Guardianship — Female Relatives — Constitutional Right to Apply
Following Law & Advocacy for Women in Uganda v Attorney General (Constitutional Petition Nos. 13/2005 and 15/2006), female relatives of a child may apply to be statutory guardians of that child where the parents have not appointed one, section 44(2) of the Succession Act having been declared unconstitutional insofar as it excluded female relatives.
Children — Best Interests of the Child — Primary Consideration
In all matters concerning children, the best interests of the child shall be the primary consideration, a legal principle enshrined in Article 34 of the Constitution, the Children Act, and international conventions ratified by Uganda. The court must have regard to the child's wishes and feelings, physical and emotional needs, the effects of changes in circumstances, the child's age and background, any harm suffered or at risk, and the capacity of parents or guardians to meet the child's needs.
Guardianship — Definition and Duties of a Guardian
A guardian means a person having parental responsibility for a child and must be ready to place himself or herself in loco parentis for purposes of the child's care and welfare. A guardian should have the child in his or her charge and actually look after it, exercise powers of control over the child, ensure the physical wellbeing and legal rights of the child are protected, and take whatever action may be necessary or desirable on behalf of the infant.
Guardianship — Appointment Where Biological Parents Unwilling or Unable
Where a child's biological parents are unwilling or unable to assume parental responsibility, and applicants who are related to the child have provided a loving home and care for the child's needs with the consent of the biological parents, guardianship should be granted if it is in the best interests of the child to have a stable and nurturing home environment.

Legislation cited (8)

Cases cited (4)

  • Law & Advocacy for Women in Uganda v Attorney General (Constitutional Petition Nos. 13 of 2005 and 15 of 2006)
  • In Re Nabyama Moses alias Nabyama Abasa (Family Cause No. 76 of 2011)
  • Deborah Joyce Alitubeera & Richard Masaba Civil Appeals No. 70 & 81/2011
  • In Re Howard Amani (Little) (Civil Appeal No. 33 of 2006)

Full judgment

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

In Re_ Nansubuga Jessica Katrina Kirabo (a minor) (Family Cause 002 of 2015) [2015] UGHCFD 45 (24 November 2015)
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.