In the matter of an application for Legal Guardianship by Kamede Jackline (Family Cause 2 of 2024)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted a legal guardianship order to a biological mother over her two minor children, aged 17 and 15, to enable her to deal with land jointly owned with the minors. The court found that the mother demonstrated no adverse interest against the children and that the proposed sale of property was for the children's welfare, including school fees and medical treatment. The appointment was made under section 43B of the Children Act Cap 59 as amended.

Outcome

Applicant appointed as legal guardian of the two minors and authorized to deal with or sell jointly-held property for the benefit of the children

Facts

Kamede Jackline, the biological mother of two minors, Nabugasha Patience (born 4 January 2007) and Nabukwasi Priscillar (born 3 December 2008), applied for legal guardianship. The minors had not attained majority age and the applicant had full custody. On 4 April 2018, the applicant purchased land at Kyaggwe Block 97 Plot 3270, Mpoma, Mukono District on behalf of herself and the two minors from Canaan Sites Ltd. The property was transferred to all three in June 2018 as joint owners. The children were being educated at St. Kalemba Secondary School-Nazigo. Nabugasha Patience had been referred to Mulago Hospital for medical treatment. The applicant sought guardianship to deal with the jointly-held property to meet the children's needs including school fees, medical bills and other basic requirements.

Issues

1. Whether it is in the best interest of the children that the Petitioner be granted a Guardianship Order

Orders

• The Applicant Kamede Jackline is appointed as the Legal Guardian of Nabugasha Patience and Nabukwasi Priscillar.
• The Applicant be allowed to deal with/sell the land comprised in Kyaggwe Block 97 Plot 3270, Mpoma, in Mukono District for the sole purpose of catering for the needs of the minors.
• Costs of this Application to be met by the Applicant.

Rules and key headnotes

Legislation cited (6)

• Children Act Cap 59 s.43B
• Children Act Cap 59 s.1(k)
• Children Act Cap 59 s.3(1)
• Constitution of the Republic of Uganda Article 34
• Judicature Act s.33
• Civil Procedure Rules Order 52 rules 1 and 3

Cases cited (3)

• Re Mark Siduda Trevor (Family Cause No. 213 of 2014)
• Deborah Joyce Alitubeera (Civil Appeal No. 70 of 2011)
• Re Trevor Mugumu (Family Cause No. 68 of 2019)

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