Wakilii

In Re Sesanga Daniel (an infant) (Family Cause No. 155 of 2010)

High Court · [2010] UGHC 76 · 2010 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for appointment as legal guardians of an abandoned infant
Decision
Applicants appointed legal guardians of the infant and permitted to travel with the child to the United States

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Court granted guardianship to American couple of a one-year-old abandoned infant. The child's welfare is paramount under section 3 of the Children Act. Where an infant has no known relatives after due attempts to trace them and prospective guardians meet suitability criteria, appointment of guardians is in the child's best interest.

Outcome

Applicants appointed legal guardians of the infant and permitted to travel with the child to the United States

Facts

On 15 January 2010, a one-year-old infant was abandoned at the home of Nassanga Yudaya in Katosi-Kawafu village, Mukono District. The matter was reported to the area LCI Chairman and Katosi Police Station. The child was placed in the custody of Welcome Home for care pursuant to a care order dated 21 May 2010 by the Family and Children Court, Jinja. An advertisement was placed in the New Vision newspaper on 28 May 2010 to trace the child's relatives. No one came forward to claim the child. The applicants, Jeremy Lee Boone (34 years old) and Tamara Leigh Boone (33 years old), are married American citizens with no biological children. The first applicant is employed by Equip International as a community health educator. Both applicants volunteer with organizations in Jinja. They applied to be appointed legal guardians of the infant. The Probation Officer Jinja recommended the applicants as suitable adoptive parents. The applicants have criminal clearance certificates and have been recommended by the Presbyterian Church in the USA.

Issues

  1. Whether the grant of guardianship will be for the welfare and in the best interest of the child.
  2. Whether the applicants are suitable guardians for the child.

Orders

  • Application allowed.
  • Applicants appointed legal guardians of the child, Ssesanga Daniel.
  • 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 register the order with the United States Embassy in Kampala and the Ugandan Embassy in Washington.
  • Applicants directed to obtain a Ugandan passport for the child and renew it from time to time as required by law.
  • Applicants permitted to travel out of Uganda with the child.
  • Applicants permitted to adopt the child in the USA.
  • Applicants directed to register the order with the authority responsible for family and child welfare in Washington, and file a report once every year to the Registrar Family Division, High Court, Kampala, regarding the welfare and development of the child until the child is 18 years of age or until directed otherwise.
  • No order as to costs.

Rules and key headnotes

Guardianship — Appointment of Guardians — Paramount Consideration
In making any decision concerning a child, including the appointment of legal guardians, the welfare of the child is paramount.
Guardianship — Appointment of Guardians — Suitability Criteria — Abandoned Children
Where an infant has been abandoned, reasonable attempts have been made to trace relatives without success, and prospective guardians are of good character, have stable employment, are recommended by probation authorities, and have no criminal record, appointment of such guardians is in the child's best interest.
High Court Jurisdiction — Original Unlimited Jurisdiction
The High Court has original unlimited jurisdiction in all matters in Uganda under Article 139(1) of the Constitution and section 14 of the Judicature Act, and in the exercise of that jurisdiction has powers to grant remedies absolutely or on such terms as it thinks fit under section 33 of the Judicature Act.

Legislation cited (7)

Full judgment

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

In Re_ Sesanga Daniel (an infant) (Family Cause No. 155 of 2010) [2010] UGHC 76 (21 October 2010)
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.