Wakilii

In Re Nassozi (an infant) (Family Cause 37 of 2014)

High Court · [2014] UGHCFD 23 · 2014 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for legal guardianship of a child under the Children Act and inherent jurisdiction of the High Court
Decision
Legal guardianship granted; applicants permitted to travel with child to USA to complete adoption process

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted legal guardianship of a total orphan to American applicants under its inherent jurisdiction and the Children Act. The court held that where a child's parents are deceased and relatives are unable to care for the child, the best interests of the child are served by appointing suitable guardians who can provide a permanent home. The guardians were permitted to travel with the child to the United States to complete adoption proceedings, following the principles established in Deborah Joyce Alitubeera.

Outcome

Legal guardianship granted; applicants permitted to travel with child to USA to complete adoption process

Facts

Nassozi Immaculate was born on 1 July 2005 to parents who are both deceased. After her father's burial, she stayed with her aunt Nalunga Alice, who became unable to care for her. Other relatives were not in position to take care of her welfare needs. The child was placed at Greenhouse orphanage, and a care order was issued in favour of the orphanage by Mwanga II Family and Children Court on 14 December 2012. The applicants, Sherwood and Lisa Zimmerman, are American citizens, a married couple with two biological children. They volunteered at the Greenhouse orphanage for a month where they interacted and bonded with Nassozi. A home study by Hope for Adoption found them suitable parents. Sherwood is employed as Assistant Special Agent in Charge at Treasury Inspector General for Tax Administration; Lisa is a registered nurse. The child, aged 8 years, testified before the court that she understood and agreed to the application. The child's relatives consented to the application.

Issues

  1. Whether the applicants should be appointed legal guardians of Nassozi Immaculate.
  2. Whether the applicants should be permitted to travel with the child outside Uganda to fulfill their parental responsibilities.
  3. Whether the High Court has jurisdiction to grant guardianship orders in the absence of specific statutory provision.

Orders

  • Sherwood Zimmerman and Lisa Zimmerman are appointed legal guardians of the child Nassozi Immaculate.
  • The applicants are permitted to travel with the child outside Uganda to fulfill their parental responsibilities.
  • The legal guardians are directed to obtain a Ugandan passport for the child using her current names.
  • 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 guardians in USA to the Ministry of Foreign Affairs of Uganda at Kampala; the Embassy of USA in Kampala; and 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 met by the applicants.

Rules and key headnotes

Family Law — Guardianship — High Court Inherent Jurisdiction — Children Act
The High Court has jurisdiction under its inherent powers pursuant to Article 139(1) of the Constitution and section 14 of the Judicature Act to grant guardianship orders in matters concerning children, even where the Children Act does not specifically provide for such orders.
Family Law — Guardianship — Best Interests of the Child Principle
In all matters concerning children, the best interests of the child shall be the primary consideration, as provided in Article 34 of the Constitution, the Children Act, and international conventions ratified by Uganda concerning the rights of children.
Family Law — Guardianship — Definition and Requirements
A guardian means a person having parental responsibility for a child, who must be ready to place himself or herself in loco parentis, have the child in his or her charge, exercise powers of control over the child, ensure the child's physical wellbeing and legal rights are protected, and take whatever action may be necessary or desirable on behalf of the child.
Family Law — Guardianship — Permission to Travel with Child for Foreign Adoption
Where legal guardians intend to complete adoption proceedings in their home country, the court may permit them to travel with the child outside Uganda to fulfill their parental responsibilities, following the principles established by the Court of Appeal in Deborah Joyce Alitubeera & Richard Masaba.
Family Law — Guardianship — Orphans and Relatives Unable to Care
Where a child is a total orphan and the child's relatives are unable to care for the child or show no interest in looking after the child, suitable applicants who can provide a permanent home, love, care and parental support are the best suited persons to be appointed legal guardians.

Legislation cited (15)

Cases cited (4)

  • Re M (an Infant) (Adoption Cause 9 of 1995)
  • Deborah Joyce Alitubeera & Richard Masaba (Civil Appeals No. 70 & 81 of 2011)
  • Civil Application 38/2012
  • Nabyama Moses alias Nabyama Abasa (Family Cause 76 of 2011)

Full judgment

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

In Re_ Nassozi (an infant) (Family Cause 37 of 2014) [2014] UGHCFD 23 (11 April 2014)
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.