In the matter of an application for Legal Guardianship by Deborah Kisakye Nantongo (Family Cause No. 39 of 2025)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted legal guardianship of a minor to the petitioner who had cared for the child since she was three years old. The court found that the petitioner satisfied all statutory requirements under the Children Act, including probation officer recommendation and police clearance. The biological parents' whereabouts were unknown despite newspaper advertisements, and the court waived the consent requirement. The welfare of the child was paramount, and the petitioner demonstrated financial capability and commitment to the minor's best interests.

Outcome

Legal guardianship granted to petitioner until minor attains 18 years of age

Facts

The petitioner, a 37-year-old Ugandan businesswoman married with one biological son, sought legal guardianship of Pretty Mulungi, a minor she had cared for since 2017. The minor was born to a Sudanese mother who abandoned her at birth, leaving her with her biological father Abdul Kikoyo, a casual laborer with a history of drug abuse and violence. In 2016, when the child was barely one year old, the petitioner's mother Rebecca Settumba took custody after observing the child was neglected, malnourished, and showed signs of physical abuse. The biological father verbally consented and showed no concern for the child's welfare. In 2017, when the minor was about three years old, the petitioner assumed full responsibility, providing shelter, food, clothing, medical care, education, and emotional support. The biological father made no subsequent contact. Despite newspaper advertisements in Daily Monitor and Bukedde, neither biological parent could be traced. The probation officer recommended the petitioner as fit for guardianship, and the petitioner's husband filed a supporting affidavit.

Issues

1. Whether it is in the best interests of Pretty Mulungi (minor) for Deborah Kisakye Nantongo (Petitioner) to be appointed her Legal Guardian.

Orders

• The Petitioner - Deborah Kisakye Nantongo is hereby appointed the Legal Guardian of the minor - Pretty Mulungi.
• The Petitioner is hereby permitted to apply for and execute any and all legal documents related to and for the benefit of the minor which include and shall not be limited to a birth certificate (if not procured), a passport and any and all other legal and other documents required to be submitted by and/or on behalf of the minor to any institution or organization or entity.
• The Petitioner is hereby permitted to travel outside Uganda with the minor as her legal guardian and apply for any travel documents on behalf of the minor as her legal guardian.
• This Legal Guardianship Order shall lapse when the minor - Pretty Mulungi attains the age of 18 years.
• Costs of this application shall be borne by the Petitioner.

Rules and key headnotes

Legislation cited (7)

• Constitution of Uganda Article 139(1)
• Civil Procedure Act Cap 282 s.98
• Children Act Cap 62 s.438
• Children Act Cap 62 s.434(2)
• Children Act Cap 62 s.438(a)
• Children Act Cap 62 s.438(c)
• Children Amendment Act 2016 s.3(1)

Cases cited (2)

• In re: An Application for Guardianship by Wandera Peter (Family Cause No. 004 of 2017)
• In the matter of an application for a Guardianship order by Kitenda John (Family Cause No. 32 of 2018)

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