In The Matter Of Application For Legal Guardianship Of Kobusingye Mecy(Infant) by Jason Mathew and Another (Family Cause No-0004 of 2014)

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.

Holding

The court granted legal guardianship to the applicants but declined to permit immediate travel out of Uganda with the infant. The infant is to remain in Uganda under care for three years, with all assistance coordinated by Bringing Hope to the Family Children's Home. The period is intended for bonding in preparation for adoption proceedings.

Outcome

Legal guardianship granted subject to conditions; infant to remain in Uganda for three years under coordinated care

Facts

Jason Matthew Dunn and Virginia Lee Dunn applied for legal guardianship of Kobusingye Mercy, an infant. The applicants sought guardianship and requested permission to travel out of Uganda with the infant immediately. The infant was in the care of Bringing Hope to the Family Children's Home. The court noted from the sworn affidavits that there was no evidence rebutting the application.

Issues

1. Whether the applicants should be granted legal guardianship of the infant.
2. Whether the applicants should be permitted to travel out of Uganda with the infant immediately upon grant of guardianship.

Orders

• Application granted in part.
• Legal guardianship granted to the applicants.
• Prayer to travel out of Uganda with the infant immediately refused.
• Infant to remain in Uganda under care for a period of three years.
• All assistance to the child to be coordinated by Bringing Hope to the Family Children's Home until the order lapses or is varied by the court.
• Applicants to bear the costs of the application.

Rules and key headnotes

Legislation cited (15)

• Constitution of Uganda Article 139(1)
• Constitution of Uganda Article 34(1)
• Constitution of Uganda Article 2
• Judicature Act Cap 13 s.14
• Judicature Act Cap 13 s.33
• Judicature Act Cap 13 s.39
• Children Act Cap 59 s.2
• Children Act Cap 59 s.3
• Children Act Cap 59 s.4
• Children Act Cap 59 s.5
• Children Act Cap 59 s.6
• Children Act Cap 59 First Schedule
• Civil Procedure Act s.98
• Civil Procedure Rules S.I 71-1 Order 52 Rule 1
• Civil Procedure Rules S.I 71-1 Order 52 Rule 3

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