In the matter of An Application for Guardianship by Nakazindo Dorothy (Family And Children’s Cause No. 1 of 2022)

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 granted a guardianship order to a biological mother over her two minor children to enable her to deal with land registered jointly in her name and the minors' names. The court held that a biological parent who has been caring for the children is the most suitable person to manage the children's property interests and that such an order serves the children's best interests and welfare where the parent's interests are not adverse to those of the minors.

Outcome

Guardianship order granted to biological mother authorizing dealings with property registered in her name and the minors' names

Facts

The applicant, Nakazindo Dorothy Nakamya, acquired land comprised in Mawokota, Mpigi Block 83 Plot 53 in September 2015. She registered the land in her name and the names of her two minor children, Nanyonjo Grace (15 years) and Kazibwe Gracecius (12 years), on 4 March 2015, and a duplicate certificate of title was issued. The applicant sought a guardianship order to enable her to deal with the property and use the proceeds for the well-being of her children. She is the biological mother of the children as evidenced by birth certificates and has been caring for them.

Issues

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

Orders

• A guardianship order of the children Nanyonjo Grace (15 years) and Kazibwe Gracecius (12 years) is issued to the Applicant with all necessary directions.
• An order is granted authorizing all dealings on land/title comprised in Block 83 Plot 53 at Mpigi Mawokota, subdivision, sale, lease, title transfer and any other as the same may be required by the Applicant.
• Applicant bears her own costs.

Rules and key headnotes

Legislation cited (11)

• Children Act s.3
• Children Act s.4
• Children Act s.5
• Children Act s.6
• Children Act s.3(1)
• Children Act s.3(a)
• Children Act First Schedule s.1
• Civil Procedure Act s.98
• Civil Procedure Rules O.52 r.1
• Civil Procedure Rules O.52 r.3
• Constitution of the Republic of Uganda 1995 Art.34

Cases cited (2)

• In the Matter of Trevor Mugumu (Family Cause No. 68 of 2019)
• In the Matter of an Application for Guardianship by Ronald Kamusiime (Miscellaneous Application No. 48 of 2016)

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