In Re Tumusime (an infant) (Family Cause No. 0297 of 2013)

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 invoked its inherent jurisdiction under the Judicature Act to grant guardianship where no specific statutory procedure exists. Foreign nationals were appointed legal guardians of a double orphan Ugandan infant and permitted to travel with her to the United States, as this was in the child's best interest where no local family had come forward and institutional care was not appropriate. The court applied the welfare principle under Article 34 of the Constitution and the Children Act, which requires the child's welfare to be the paramount consideration.

Outcome

Foreign nationals appointed legal guardians of double orphan infant and permitted to travel with her to the United States

Facts

Anna Tumusime, approximately four years old, was a double orphan. Her father Mbonigaba Omuhereza died on 20 August 2010. Her mother Anna Tushemerwire died on 2 February 2011. The infant was taken on by her maternal uncle Baker Byamugisha, who had six other children including two of the infant's older siblings. Byamugisha found he could no longer care for the young child and gave her up for care. The applicants Josiah Daniel Heppner and Lisa Marie Heppner, both American citizens aged 29 and 26, resident in Minnesota, applied for guardianship. Josiah Heppner was employed as a Field Engineer. Lisa was a stay-at-home mother who ran a seasonal floral design business. The couple were Christians with one biological child and were already guardians of another Ugandan child. They had no criminal history and came highly recommended. No Ugandan family member or person had shown willingness to take care of the infant.

Issues

1. Whether the Court is seized with the jurisdiction to entertain this guardianship application?
2. Whether the applicants qualify to be appointed the legal guardians of the child?
3. Whether the application is made in the best interest of the child?
4. Whether the applicants can be permitted to migrate with the child to the United States of America?

Orders

• The applicants, Josiah Daniel Heppner and Lisa Marie Heppner, are hereby appointed legal guardians of the infant, Anna Tumusime, until the infant attains the age of 18 years or until other lawful orders.
• The applicants are permitted to travel with the infant to the United States of America where the applicants are normally resident and gainfully employed.
• The applicants shall return to Uganda after thirty six (36) months and make an application for adoption here in Uganda.
• The applicants are directed to ensure that the infant retains her Uganda citizenship in addition to any other citizenship she may acquire.
• The applicants are directed to submit progressive reports of the infant every six months to the Probation and Welfare Officer of Kibaale, to the Registrar of the Family Division of the High Court of Uganda, to Oasis Homes, to the Chief Registrar of the Courts of Judicature and to the Ugandan Embassy in Washington DC USA.
• The applicants are ordered to return the infant to Uganda and produce her before the Registrar of the Family Division every five years until she attains the age of 18 years.
• The applicants must deposit with this Court all manner of address including physical address, email addresses, phone numbers for home, office and mobile.
• Any change of address or change of circumstances of the applicants must be immediately communicated to the Probation and Welfare Officer of Kibaale, the Registrar of the Family Division, the Chief Registrar, the Ugandan Embassy in Washington DC USA and to Oasis Homes.

Rules and key headnotes

Legislation cited (13)

• Constitution of Uganda 1995 Article 34
• Constitution of Uganda 1995 Article 139(1)
• Judicature Act Cap 13 s.14
• Judicature Act Cap 13 s.33
• Judicature Act Cap 13 s.39
• Children Act Cap 59 s.1(k)
• Children Act Cap 59 s.3
• Children Act Cap 59 s.4
• Children Act Cap 59 s.5
• Children Act Cap 59 First Schedule
• Civil Procedure Act Cap 71 s.98
• Civil Procedure Rules SI 71-1 Order 52 rule 1
• Civil Procedure Rules SI 71-1 Order 52 rule 2

Cases cited (4)

• Howard Amani Little (Infant) and Mrs Rebecca Little (Civil Appeal No. 33 of 2006)
• Francis Palmer (an infant) and Mrs Michelle Louise Palmer (Civil Appeal No. 32 of 2006)
• R Michael (An Infant) and Morse Richard Paterson and Prickett Teressa Renee (Family Cause No. 72 of 2009)
• Re Mary Gimono an Infant and Jimmy Wayne Renslow and Gayla Deonne Renslow

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