Nakalika Namazzi Madina v Sarah Namakula and Another (Miscellaneous Appl. 91 of 1993)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court granted the application appointing the applicant as legal guardian and trustee of her two minor children. The court held that under s.9 of the Judicature Act 1967, guardianship orders must be for the benefit and welfare of the infant. The applicant, as the natural mother with no adverse interest, was entitled to manage property she had gifted to the minors.
Outcome
Applicant appointed legal guardian and trustee of the two minors and authorised to manage and develop specified property on their behalf
Facts
The applicant Nakalika Namazzi Madina is the natural mother of two minor children: Alex Katende born 16 February 1984 and Sarah Namakula born 16 January 1986, both born at Nsambya Hospital. The father of the children, Tonny Kinene, is deceased. The minors are in the applicant's custody and she is responsible for their education and upkeep. The applicant acquired property from her grandfather which she transferred to her minor children. The property is registered in the minors' names as Leasehold Register Volume 1970 Folio 16 Block 273 Plot 1697 at Namasuba. The minors are legally incapable of executing instruments or managing their estates. The applicant sought appointment as guardian and trustee to enable her to transact business on their behalf and develop the property for their benefit.
Issues
- Whether the applicant should be appointed legal guardian and trustee of her two minor children.
- Whether the appointment would be for the benefit and welfare of the minors.
Orders
- Application allowed.
- Nakalika Namazzi Madina appointed legal guardian and trustee of the two minors Sarah Namakula and Alex Katende.
- Applicant allowed to develop the property comprised in Leasehold Register Volume 1970 Folio 16 Block 273 Plot 1697 at Namasuba for the benefit of the two minors.
- No order as to costs.
Rules and key headnotes
Legislation cited (6)
- Judicature Act 1967 s.9
- Judicature Act 1967 s.17(1)
- Judicature Act 1967 s.17(2)
- Civil Procedure Act s.101
- Civil Procedure Rules Or.48 r.1
- Civil Procedure Rules Or.48 r.3
Cases cited (3)
- Hilary Obaloker Onek v Martin Bongonin - Onek (Miscellaneous Appl. 8 of 1990)
- Sam Kisekka Kagwa and Juliet Nabacwa Kagwa v Mirembe Ramona Zalwango Kagwa and Nakalema Kisakye Rogena Kagwa (Miscellaneous Cause 13 of 1992)
- Stefano and Silvia Lawion v Jane Namukasa (Miscellaneous Appl. 78 of 1991)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.