In the matter of an application for guardianship of Kimuli Riaz and Muganga Harry Mukisa (minors) by Nanyonjo Hadijah Nasimbwa (mother) [2025] UGHC 677
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court granted guardianship to a biological mother over her two minor children, aged 4 and 17, and authorized her to deal with property in which the minors held beneficial interests as co-proprietors. The Court applied the paramount consideration of the child's welfare under section 3(1) of the Children Act and found the mother fit and proper, being a Ugandan citizen, registered proprietor, and having continuously lived with the children.
Outcome
Guardianship granted; applicant authorized to deal with minors' property interests
Facts
The Applicant, Nanyonjo Hadijah Nasimbwa, applied for guardianship of her two biological children: Kimuli Riaz, born 19th August 2008, and Muganga Harry Mukisa, born 1st December 2020. The Applicant and the two minors, together with another son of majority age (Kimbugwe Ryan Anthony), are registered as joint tenants of land comprised in Kibuga Block 11 Plot 409 at Kabowa, measuring approximately 0.10 hectares. The property was registered in their names on 14th March 2025. The Applicant sought guardianship to enable her to deal with the property to raise school fees and manage the minors' welfare. She provided birth certificates confirming her maternity, the original certificate of title, and her national identity card.
Issues
- Whether it is in the best interest of the minors that the Applicant be appointed their guardian to enable her deal with the minors' beneficial interest in property for which they are co-proprietors.
Orders
- The Applicant is appointed the guardian of her own biological children, Kimuli Riaz age 17 years and Muganga Harry Mukisa aged 4 years.
- The Applicant is hereby granted an order to deal with the property comprised in Kibuga Block 11 Plot 409 land at Kabowa measuring approximately 0.10 Hectares registered in the names of Nanyonjo Hadijah Nasimbwa, Kibugwe Ryan Anthony, Kimuli Riaz (minor till 2027) and Muganga Harry Mukiga (minor until 2030) on 14th March, 2025 vide instrument number KCCA-00-152980.
- The Applicant shall continue to take care of the minors' education, health and other basic needs.
- This order of guardianship is granted in the best interest and welfare of the above stated minors.
- No order as to costs.
Rules and key headnotes
Legislation cited (12)
- Constitution of the Republic of Uganda 1995 Art.139(1)
- Judicature Act Cap.16 s.14
- Judicature Act Cap.16 s.37
- Children Act Cap.62 s.3
- Children Act Cap.62 s.4
- Children Act Cap.62 s.5
- Children Act Cap.62 s.6
- Children Act Cap.62 s.73(1)
- Children Act Cap.62 s.74
- Civil Procedure Act Cap.282 s.98
- Civil Procedure Rules SI 71-1 O.52 r.1
- Civil Procedure Rules SI 71-1 O.52 r.3
Cases cited (2)
- Re Sarah Namakula and Alex Katende (Miscellaneous Application No. 92 of 1993)
- Ayla Mayanja (High Court Miscellaneous Cause No. 20 of 2003)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.