Wakilii

Re Application For Guardianship of Oja Martin Kenyi Peter (A Minor) (Family Cause No. 124 of 2009)

High Court · [2009] UGHC 74 · 2009 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex parte application for appointment as legal guardian to enable mortgaging of minor's property
Decision
Applicant appointed as legal guardian with authority to mortgage the minor's property

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court appointed the natural father as legal guardian of his 13-year-old son to enable him to mortgage land registered in the child's name. The court held that the application was in the child's best interests, finding that the applicant intended to use the mortgage proceeds for the child's education and maintenance, and had no interest adverse or prejudicial to the child.

Outcome

Applicant appointed as legal guardian with authority to mortgage the minor's property

Facts

Martin Terensio Lemo Kenyi is the natural father of Oja Martin Kenyi Peter, born 10 November 1996, aged 13 years at the time of application and in Primary 4 at St. Noa Junior School. On 22 November 2008, the applicant purchased land comprised in Kyadondo Block 246 Plot 1376 at Kyeitabya and registered it in his son's name. The applicant has custody of the minor and holds the Duplicate Certificate of Title. The applicant sought appointment as legal guardian to enable him to mortgage the property to generate income for the child's education and maintenance. The minor will remain a minor until 2014.

Issues

  1. Whether the application for appointment of the natural father as legal guardian to mortgage the minor's property is in the welfare and best interests of the child.

Orders

  • The applicant is appointed legal guardian of his son Oja Martin Kenyi Peter.
  • The applicant is authorized to mortgage the property comprised in Kyadondo Block 246, Plot 1376 land at Kyeitabya.
  • The court makes no orders as to costs.

Rules and key headnotes

Family Law — Guardianship — Appointment of Natural Parent — Section 3 and Schedule 1 para.1(b) Children Act
A natural parent may be appointed legal guardian under section 3 and paragraph 1(b) of the First Schedule to the Children Act Cap 59 for the purpose of mortgaging property registered in a minor's name where the court is satisfied that the appointment is in the child's best interests and welfare.
Family Law — Guardianship — Welfare of the Child — Paramount Consideration
Under section 3 and paragraph 1(b) of the First Schedule to the Children Act, in making any decision concerning a child, his or her welfare is of paramount importance. The court will grant guardianship where the applicant has no interest adverse or prejudicial to that of the child.

Legislation cited (5)

Cases cited (1)

  • Re Sarah Namukula and Alex Katende (Misc. Application No. 92 of 1993)

Full judgment

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

Re_ Application For Guardianship of Oja Martin Kenyi Peter (A Minor) (Family Cause No. 124 of 2009) [2009] UGHC 74 (6 October 2009)
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.