Wakilii

In the matter of an application for legal guardianship by Nabizizi Juliet (Family Cause 11 of 2023)

High Court · [2023] UGHC 477 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex parte application for legal guardianship brought by biological mother under Children Act s.43B
Decision
Petitioner appointed legal guardian of the two minors; guardianship order granted to enable travel to the United Kingdom.

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court granted legal guardianship to the biological mother of two minors to enable her to travel with them to the United Kingdom. The Court held it had jurisdiction under Article 139(1) of the Constitution and section 14 of the Judicature Act. Applying section 43B of the Children Act as amended, and guided by the principle that the welfare of the child is paramount (section 3 of the Children Act and Article 34 of the Constitution), the Court found the mother had demonstrated the children's best interests were served by the guardianship order.

Outcome

Petitioner appointed legal guardian of the two minors; guardianship order granted to enable travel to the United Kingdom.

Facts

The Petitioner, Nabizizi Juliet, is the biological mother of two minors, Aaron Praise Kabuubi and Divine Jireh Kabuubi, born out of wedlock with Kabuubi Miti Vincent. Since 2014, the father has worked and resided in the United Arab Emirates. The mother has had physical custody of the children since 2014 and has taken care of their welfare and education. She is pursuing employment in the United Kingdom and wishes to travel there with her children. The biological father appointed the Petitioner to travel with the children and provided a power of attorney authorising same. The welfare and probation office made a report regarding the children's welfare. The Court identified the children and Petitioner at the hearing, reviewed birth certificates and the power of attorney, and interacted with the children, who appeared in good spirits and well kempt.

Issues

  1. Whether the Court has jurisdiction to entertain this application.
  2. Whether it is in the best interest of the children that the Petitioner be granted a guardianship order.

Orders

  • The Petitioner Nabizizi Juliet is appointed as the legal guardian of Aaron Praise Kabuubi and Divine Jireh Kabuubi.
  • Costs of this Petition to be met by the Petitioner.

Rules and key headnotes

Family Law — Legal Guardianship — Jurisdiction of the High Court
The High Court has unlimited jurisdiction in all matters, including applications for legal guardianship under section 43B of the Children Act, by virtue of Article 139(1) of the Constitution read with section 14 of the Judicature Act.
Family Law — Welfare of the Child — Paramount Consideration
In all matters concerning children, the welfare of the child is paramount and the primary consideration, pursuant to Article 34 of the Constitution, section 3(1) of the Children Act, Article 3(1) of the UN Convention on the Rights of the Child, and Article 4(1) of the African Charter on the Rights and Welfare of the Child.
Family Law — Legal Guardianship — Eligibility and Requirements
Section 43B of the Children Act as amended allows persons of Ugandan citizenship to make applications for legal guardianship; a guardian is defined under section 1(k) as a person having parental responsibility for a child, and under section 43H(1) of the Children (Amendment) Act 2016, all persons appointed as guardians have parental responsibility for the child.
Family Law — Legal Guardianship — Grant to Biological Parent
Courts in Uganda have granted guardianship orders to biological parents who demonstrate that their intentions are for the best interest and welfare of the child, and where the parent does not display interests adverse to the child.

Legislation cited (10)

Cases cited (3)

  • In the Matter of Mark Siduda Trevor (an infant) (Family Cause No. 213 of 2014)
  • Deborah Joyce Alitubeera (Civil Appeal No. 70 of 2011)
  • In the Matter of Trevor Mugumu (Child) (Family Cause No. 68 of 2019)

Full judgment

↓ Download PDF

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

In the matter of an application for legal guardianship by Nabizizi Juliet (Family Cause 11 of 2023) [2023] UGHC 477 (12 October 2023)
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.