Otto Rose Alobo v Okot Lawrence Ikeda and Another (Miscellaneous Cause 229 of 1993)

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 High Court granted the application for legal guardianship. The court applied the principle that the welfare of the child is paramount in guardianship cases. Where both parents are deceased and the applicant sister is willing and capable of caring for the orphaned children aged 12 and 14, and no other person has come forward, it is in the children's best interest that the applicant be appointed their legal guardian.

Outcome

Applicant appointed legal guardian of the two children with annual reporting requirements to the Probation Welfare Office

Facts

The applicant, Mrs. Otto Rose Alobo, applied for legal guardianship of her two younger siblings, Okot Lawrence Ikeda (aged 12) and Beatrice Ikeda (aged 14). The children's mother, Polina Akidi Ikeda, died on 20 November 1993 at Mulago Hospital after a long illness. Their father had previously died during the insurgency in northern Uganda. The children were complete orphans with no one legally appointed to care for them. The applicant is the elder sister of the children, residing and working in Stockholm, Sweden. She deposed that she is willing and capable of looking after the children and undertakes to take good care of them. No other person came forward to care for the children.

Issues

1. Whether the applicant should be appointed legal guardian of the two infant children whose parents are both deceased.

Orders

• The applicant Mrs. Otto Rose Alobo of Stockholm Sweden is appointed legal guardian of the children Okot Lawrence Ikeda and Beatrice Ikeda until each attains the age of majority or until further orders of the court.
• A report on the progress of the children must be submitted once a year to the Probation Welfare Office in Kampala, starting December 1994 until the children attain majority or until further orders.
• The Probation/Welfare Office must inform the court if no reports are received from the guardian as required.
• A copy of this order must be sent to the Probation/Welfare Office Kampala.

Rules and key headnotes

Legislation cited (2)

• Judicature Act 1967 s.9
• Civil Procedure Rules Or.48 rr.1 and 3

Cases cited (2)

• Fatoom Bint Abdul Razal Mamda vs. Habiha Bin'ta Ahmed Mohamed Ibrahim 193? BA.G??
• Misc. Appl. no. 59 of 1939 Grace Tumwebaze Namara and Mr. & Mrs. Guest Gysen

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