In the matter of an Application for a Guardianship Order by Mbiringi Hadija Kwezi (Miscellaneous Cause 31 of 2023)

Observed later treatment

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

Held that the court has inherent jurisdiction under Article 139(1) of the Constitution to appoint a guardian in respect of minors' proprietary rights based on the parens patriae doctrine. When determining such applications, the court must consider: the age of the minor, the relationship of the applicant to the minor, the nature of the minor's property, the purpose of the application, and the best wishes of the minor. The applicant, being the biological mother of the minors aged 10 and 11 years, who already holds parental responsibility and seeks to sell jointly-owned land to complete a home, meet school fees, and start a business for the minors' welfare, satisfied the test. Application granted.

Outcome

Guardianship order granted authorising the mother to act as guardian in respect of minors' proprietary rights and to sell the jointly-owned property

Facts

Mbiringi Hadija Kwezi, the biological mother of two minors aged 10 and 11 years, applied for a guardianship order to authorise her to act in respect of her children's proprietary rights. The applicant and the minors jointly own land comprised in FRV 1666 Folio 13 Plot 123 Bulemba Road at Kakoba Central, Mbarara City - North Division. The applicant sought to sell the property to complete a residential house in Kakiri-Wakiso District which she had purchased, start a business to generate income, and meet the children's school fees and welfare. The applicant already had a buyer for the property. She planned to have one plot of the Kakiri land registered in her names and those of the children as co-proprietors. The children, who are school-going, confirmed in chambers that the applicant was their mother. The court interacted with the children on 8 May 2024.

Issues

1. Whether the applicant should be appointed as guardian in respect to the proprietary rights of the minors Abubakar Lwanga and Lwanga Anisha.
2. Whether it is in the best interests of the minors to authorise the sale of property comprised in FRV 1666 Folio 13 Plot 123 Bulemba Road at Kakoba Central, Mbarara City - North Division.

Orders

• A guardianship order in respect of Abubakar Lwanga and Lwanga Anisha authorising Mbiringi Hadija Kwezi (mother of the minors) to be their legal guardian is granted.
• The Applicant (Mbiringi Hadija Kwezi) is authorised to sell property comprised in FRV 1666 Folio 13 Plot 123 Bulemba Road at Kakoba Central, Mbarara City - North Division registered in the names of Abubakar Lwanga, Lwanga Anisha and Mbiringi Hadija Kwezi.
• No order as to costs.

Rules and key headnotes

Legislation cited (22)

• Constitution 1995 Article 139(1)
• Constitution 1995 Article 257
• Children Act Cap 59 s.2
• Children Act Cap 59 s.3
• Children Act Cap 59 s.4
• Children Act Cap 59 s.5
• Children Act Cap 59 s.6
• Children Act Cap 59 1st Schedule
• Children Act s.43A
• Children Act s.43H
• Children Act s.43B
• Children Act s.46(5)
• Children (Amendment) Act 2016
• Civil Procedure Act Cap 71 s.98
• Civil Procedure Rules SI 71-1 Order 52 Rules 1, 2 & 3
• Civil Procedure Rules SI 71-1 Order 32 Rule 3(1)
• Civil Procedure Rules SI 71-1 Order 32 Rule 3(2)
• Civil Procedure Rules SI 71-1 Order 32 Rule 3(3)
• Civil Procedure Rules SI 71-1 Order 32 Rule 16
• Judicature Act s.14
• Judicature Act s.33
• Contracts Act 2010 (Act 7 of 2010) s.11(1)(a)

Cases cited (3)

• In the Matter of an Application for Legal Guardianship by Kamwesigye Prossy (Miscellaneous Cause No. 5 of 2022)
• Iterura v Muguta (Supreme Court Civil Appeal No. 5 of 2006)
• In the Matter of Atuheirwe Pauline Muhumuza (High Court Miscellaneous Cause No. 0010 of 2009)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• In the matter of an application for legal guardianship by Nassolo Asiat (Miscellaneous Cause No. 6 of 2025)

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