Wakilii

In the Matter of An Application for Guardianship By Kisekka and Another (Miscellaneous Cause No. 13 of 1992)

High Court · [1992] UGHC 87 · 1992 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for guardianship of infants and authority to sell property held in infants' names
Decision
Applicants appointed guardians with authority to sell property registered in infants' names and reinvest proceeds

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court appointed the natural parents as guardians of their two infant children and authorised the sale of land registered in the infants' names to purchase larger property for development of a housing estate for the infants' benefit, holding that the judicial power to appoint guardians and control infants' estates must be exercised where the proposed transaction is for the benefit and welfare of the infant.

Outcome

Applicants appointed guardians with authority to sell property registered in infants' names and reinvest proceeds

Facts

The applicants are husband and wife and natural parents of two infant daughters born in 1978 and 1980. The applicants had purchased land on Kyaddondo Block 248 Plot 454 and registered it in the joint names of their infant children on 24 January 1985. They subsequently constructed a three-bedroom house on the property. The applicants sought to sell this property to raise funds to purchase a larger piece of land on Kyaddondo Block 248 Plot 29, which is twice the size of the existing plot, with the intention of building a housing estate of four houses for the benefit of the two infants.

Issues

  1. Whether the applicants should be appointed guardians of their infant children.
  2. Whether the applicants should be permitted to sell land registered in the infants' names to purchase replacement property for the infants' benefit.

Orders

  • Application allowed.
  • Applicants appointed guardians of their two infant children.
  • Applicants authorised to sell the land on Kyaddondo Block 248 Plot 454.
  • Applicants authorised to reinvest the proceeds thereof for the benefit of the infants.
  • Costs of the application to be borne by the applicants themselves.

Rules and key headnotes

Guardianship — Appointment of Guardians — Judicial Power under Judicature Act
The power of the High Court under section 9 of the Judicature Act 11 of 1967 to appoint and control guardians of infants and the estates of infants is a judicial power which must be exercised on sound principle, namely whether the order sought is for the benefit and welfare of the infant.
Guardianship — Dealing with Infant's Property — Test for Court Approval
The court will grant an application by guardians to deal with property held in an infant's name only where the proposed transaction will be beneficial to the welfare of the infant, with the paramount consideration being whether the order if granted will be for the benefit and welfare of the infant.
Guardianship — Sale of Infant's Property — Reinvestment for Greater Benefit
The court may authorise natural parents appointed as guardians to sell land registered in their infant children's names where the purpose is to purchase larger replacement property and develop it with additional housing that will provide both accommodation and rental income, as such a transaction is beneficial to the infants' welfare.

Legislation cited (5)

Cases cited (2)

  • Misc. Application No. 2/90 - In the Matter of application for Guardianship of an infant one Ronald Roger Mbuga by Vincent Senyonjo
  • Misc. Application No. 8/90 - In the matter of application for Guardianship of Martin Bongomin - Onek infant by the Applicant Hilary Obalpker Onek

Full judgment

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

In the Matter of An Application for Guardianship By Kisekka and Another (Miscellaneous Cause No. 13 of 1992) [1992] UGHC 87 (18 December 1992)
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.