Wakilii

In the matter of an application for Legal Guardianship by Okello Tonny (Family Cause No. 10 of 2026)

High Court · [2026] UGHCFD 24 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex parte application for legal guardianship to enable biological father to deal with property jointly registered with minor child
Decision
Guardianship granted to biological father with authority to deal with jointly-owned property for benefit of minor child

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted legal guardianship to a biological father over his minor daughter to enable him to deal with land jointly registered in their names. The court held that where a parent seeks guardianship to transact in property co-owned with a minor child for purposes of the child's welfare, maintenance and education, such guardianship is in the child's best interests under Children Act s.3(1). The father was authorised to sell, mortgage, lease or otherwise deal with the property and execute loan facility documents.

Outcome

Guardianship granted to biological father with authority to deal with jointly-owned property for benefit of minor child

Facts

The petitioner, Okello Tonny, is the biological father of Mich Darlene Destiny, a minor. He lawfully acquired land comprised in FRV MAS 164 Folio 5, Kibanda Block 9 Plot 761, Nyakatugo, Kiryandongo District and registered it jointly in his name and that of his minor daughter. The registration was done out of parental responsibility and for the long-term benefit and security of the child. The minor is under the custody, care and parental responsibility of the petitioner. Due to prevailing financial and familial obligations, it became necessary to deal with the property by way of mortgage, lease, sale or other lawful transaction to adequately provide for the welfare, maintenance, education and general wellbeing of the minor. The petitioner sought legal guardianship to enable him to transact in respect of the jointly-owned property.

Issues

  1. Whether it is in the best interest of the minor that the Petitioner is appointed guardian to enable him deal with the minor's interest in the property for which they are co-proprietors?

Orders

  • The Petitioner is appointed as guardian of his own biological child, Mich Darlene Destiny.
  • Okello Tonny, the Petitioner is hereby authorized to deal with the property comprised FRV Volume MAS 164 Folio 5 Block 9 Plot 761 measuring approximately 0.1330 Hectares Nyakatugo, Kiryandongo District by selling, mortgaging, transferring, leasing and/or any other transaction they deem fit.
  • The Petitioner is authorized to execute documents and instruments necessary for the acquisition of a loan facility from a reputable financial institution.
  • The Petitioner shall continue to take care of the minor's education, health and other basic needs.
  • This order of guardianship is granted in the best interest and welfare of the above stated minor.
  • No order as to costs.

Rules and key headnotes

Guardianship — Legal Guardianship — Biological Parent — Authority to Deal with Minor's Property
A biological parent who is the natural guardian of a minor child may be appointed legal guardian by the court to enable the parent to deal with property jointly registered in the names of the parent and the minor child, where such dealings are necessary for the welfare, maintenance, education and general wellbeing of the child.
Children — Best Interests of the Child — Paramount Consideration
Under Section 3(1) of the Children Act Cap. 62, the welfare of the child is of paramount consideration whenever a court determines any question in respect to the upbringing of a child or the administration of a child's property, and this principle governs applications for legal guardianship.
Guardianship — Persons Entitled to Apply — Biological Parents
Biological parents are among the persons entitled to apply for legal guardianship of their children, and a biological parent who has custody of and provides for the child's basic needs is fit and proper to obtain a guardianship order.

Legislation cited (13)

Cases cited (2)

  • Re Sarah Namakula and Alex Katende (Miscellaneous Application No. 92 of 1993)
  • In the matter of Ayla Mayanja (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 Legal Guardianship by Okello Tonny (Family Cause No. 10 of 2026) [2026] UGHCFD 24 (23 March 2026)
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.