In the matter of an Application for Guardianship by Twinomugisha (mother) (Family Cause 3 of 2023)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted a guardianship order to a biological mother over her two minor children, authorising her to deal with land registered jointly in her name and the children's names. The court held that a biological parent is the best person to protect a child's property rights until majority age, and that in matters concerning children the welfare and best interests of the children are paramount considerations.

Outcome

Guardianship order granted to the applicant mother with authority to deal with jointly registered land for the benefit of the minor children

Facts

The applicant, Keishanyu Twinomugisha Aric, is the biological mother of two minor children, Kakande Mukisa Giovani and Kalule Arian Victor. The applicant purchased land comprised in Mawokota Block 169, Plot 49 at Bujo and registered it in her name jointly with the children. Both children are school-going and depend entirely on their mother for school fees and maintenance. The applicant sought a guardianship order and authority to deal with the jointly registered land, intending to sell it and use the proceeds for the benefit and welfare of the children. The birth certificates confirmed the applicant as the biological mother, and the duplicate certificate of title confirmed the joint registration.

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 Kakande Mukisa Giovani and Kalule Adrian Victor is issued to the applicant with all necessary directions.
• An order is granted authorising all dealings on land comprised in Mawokota Block 169, Plot 49 at Bujo, including subdivision, sale, lease, title transfer and any other as may be required by the applicant.
• Applicant bears her own costs.

Rules and key headnotes

Legislation cited (13)

• Constitution of Uganda Article 139(1)
• Judicature Act Cap 13 s.14
• Judicature Act Cap 13 s.33
• Judicature Act Cap 13 s.39
• 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.43(B)
• Children Amendment Act 2016
• Civil Procedure Act s.98
• Civil Procedure Rules Order 52 r.1
• Civil Procedure Rules Order 52 r.3

Cases cited (2)

• In the Matter of Nakazindo Dorothy Nakamya (Family and Children Cause No. 1 of 2022)
• In the Matter of Trevor Mugumu (Family Cause No. 68 of 2019)

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