Wakilii

In the matter of an application by Nakalika Namazi Madina to be appointed Legal Guardian (Miscellaneous Application 91 of 1993)

High Court · [1993] UGHC 59 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for appointment of legal guardian and trustee of two minor children
Decision
Applicant appointed legal guardian and trustee with authority to manage and develop property for the benefit of the minor children

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.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court granted the application appointing the natural mother as legal guardian and trustee of her two minor children whose father was deceased. The court held that where a parent has no interest adverse or prejudicial to the infants, and the appointment would enable proper management of property for the minors' benefit, guardianship should be granted under Judicature Act s.9 in the interest and welfare of the children.

Outcome

Applicant appointed legal guardian and trustee with authority to manage and develop property for the benefit of the minor children

Facts

The applicant was the natural mother of two minor children: Alex Katende (born 16 February 1984) and Sarah Namakula (born 16 January 1980). The children's father, Tonny Kinone, was deceased. The minors were in the applicant's custody and she was responsible for their education and upkeep. The applicant had acquired property from her grandfather which she passed on to her minor children. The property was registered in the children's names in Leasehold Register Volume 1970 Folio 16 Block 273 Plot 1697 at Namasuba. The minors were incapable of legally executing documents or managing their estate. The applicant sought appointment as guardian and trustee to transact business on the children's behalf and develop the property for their benefit.

Issues

  1. Whether the applicant should be appointed legal guardian and trustee of her two minor children to transact business on their behalf and manage property registered in their names.

Orders

  • Application allowed.
  • Applicant Nakaliika Namazzi Madina appointed legal guardian and trustee of the two minors Sarah Namakula and Alex Katende.
  • Applicant allowed to develop the property comprised in Leasehold Register Volume 1970 Folio 16 Block 273 Plot 1697 at Namasuba for the benefit of the two minors.
  • No order as to costs.

Rules and key headnotes

Guardianship — Appointment of Legal Guardian — Jurisdiction and Principles
Section 9 of the Judicature Act 1967 confers upon the High Court the power to appoint and have control over guardians of infants and their estates, which power must be exercised on established principles requiring that the order, if granted, will be for the benefit and welfare of the infant.
Guardianship — Natural Parent as Guardian — Absence of Adverse Interest
Where a natural parent applies for appointment as guardian and trustee of minor children, and the parent has no interest adverse or prejudicial to the minors, the court will grant guardianship if satisfied it is in the interest and welfare of the children.

Legislation cited (6)

Cases cited (3)

  • In the Matter of Martig Bongonin-Onek (Miscellaneous Application No. 8 of 1990)
  • In the Matter of Mirembe Ramona Zalwango Kagwa and Nakalema (Miscellaneous Cause No. 13 of 1992)
  • In the Matter of Jane Namukasa (Miscellaneous Application No. 78 of 1991)

Full judgment

↓ Download PDF

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

In the matter of an application by Nakalika Namazi Madina to be appointed Legal Guardian (Miscellaneous Application 91 of 1993) [1993] UGHC 59 (18 Oct
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.