Wakilii

In the matter of an application for guardianship of Kimuli Riaz and Muganga Harry Mukisa (minors) by Nanyonjo Hadijah Nasimbwa (mother) [2025] UGHC 677

High Court · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for guardianship of minors by biological mother
Decision
Guardianship granted; applicant authorized to deal with minors' property interests

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

  1. 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

Guardianship — Application by Biological Parent — Test for Appointment
A biological parent who is a Ugandan citizen, has continuously lived with the children, and is a co-proprietor of property in which the minors have beneficial interests is fit and proper to be appointed legal guardian where guardianship is in the children's best interests.
Children — Welfare as Paramount Consideration — Section 3(1) Children Act
The welfare of the child is the paramount consideration whenever a court determines any question respecting the upbringing of a child or the administration of a child's property or the application of any income arising from that administration.
Minors' Property — Parental Authority to Deal with Minors' Beneficial Interests
Where minors are registered proprietors as joint tenants with their parent, the court may authorize the parent as guardian to deal with the property on behalf of the minors to raise funds for their education and welfare, provided such dealing is in the minors' best interests.

Legislation cited (12)

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

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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 of Kimuli Riaz and Muganga Harry Mukisa (minors) by Nanyonjo Hadijah Nasimbwa (mother) 2025 UGHC 677 (11 August 2025)
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.