In the matter of an Application for guardianship by Candiru (Family Cause 70 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

The court held that the welfare of the child is the paramount consideration in guardianship applications. Where a mother seeks guardianship of her own biological children following the death of their father, and she has cared for them since birth, and seeks to protect their property interests as administrator of the deceased's estate, the application should be granted. The court appointed the applicant as legal guardian with authority to manage the children's property including lifting a caveat lodged by unknown persons on land that forms part of the children's inheritance.

Outcome

Applicant appointed legal guardian with custody and care of the three minor children and authority to manage their property interests

Facts

The applicant Candiru Judith is the biological mother of three minor children: Adrile Abel Pariyo aged 16 years, Amabe Jonathan Pariyo aged 13 years, and Asiteru Patricia aged 7 years. Their father, the late Pariyo Anthony, died on 21 January 2018. The minors have been under the care of the applicant since birth. The applicant is the administrator of the estate of the late Pariyo Anthony. An unknown person lodged a caveat on land comprised in Kyadondo Block 167 Plot 6272 at Kiwale on behalf of two of the minors. The applicant sought a guardianship order to enable her to administer the estate, lift the caveat, and register the minors as co-proprietors of the land which forms part of their inheritance from their late father.

Issues

1. Whether it is in the best interest of the children that the applicant is granted a guardianship order.

Orders

• The Applicant is appointed a guardian of her own children namely Adrile Able Pariyo, Amabe Jonathan and Asiteru Patricia.
• The applicant shall have custody and care for the minor children.
• The Applicant is authorized to lift the caveat lodged on land comprised in Kyadondo Block 167 plot 6272 Kiwale.
• The Applicant shall have the minors' names registered on the Certificate of Title comprised in land Block 167 Plot 6272 situate at Kiwale as Registered Proprietors.
• The Commissioner Land Registration shall withdraw the caveat comprised in Block 167 Plot 6272 land at Kiwale.
• The Commissioner Land Registration shall register the land comprised in Block 167 Plot 6272 at Kiwale in the names of the minors Adrile Able Pariyo, Amabe Jonathan and Asiteru Patricia.
• This order of guardianship is granted in the interests and welfare of the above stated children.
• No orders as to costs.

Rules and key headnotes

Legislation cited (11)

• Civil Procedure Act Cap. 71 s.98
• 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 s.43A
• Succession (Amendment) Act 2022 s.1(g)(ja)
• Succession (Amendment) Act 2022 s.25(1)(a)
• Succession (Amendment) Act 2022 s.25
• Constitution of the Republic of Uganda 1995 Article 34(1)
• Constitution of the Republic of Uganda 1995 Article 139(1)

Cases cited (1)

• Ayla Mayanja (High Court Miscellaneous Cause No. 20 of 2003)

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.