Re In The Matter Of Aaron Eridad Mugomba (an infant) (Family Cause No. 245 of 2010)

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

Application granted. The court appointed Eric Jeffrey Dirks and Emily Louise Engelbert Dirks as legal guardians of Aaron Eridad Mugomba, a three-year-old infant whose father was deceased and whose mother was mentally unstable. The court permitted the guardians to immigrate with the child to the United States, finding the applicants suitable and the appointment in the child's best interests.

Outcome

Applicants appointed legal guardians and permitted to emigrate with the child to the USA with reporting obligations

Facts

Aaron Eridad Mugomba was born on 22 August 2008 to Sserwada Samuel and Nakanwagi Margaret. When the child was about six months old, his father died. The mother became mentally unsound, and the paternal grandmother Mary Nagujja cared for the child. The mother's condition worsened and she ran away; her whereabouts were unknown at the time of the application. The grandmother was unable to provide for the child's basic needs, and with the help of local councillors had the child admitted to Good Shepherd Fold on 13 July 2009. A Care Order was issued on 7 April 2010 formally committing the child to the care of Good Shepherd Fold. The applicants, married American citizens with two previously adopted children, learned of the child's situation from Good Shepherd Fold. The paternal grandmother consented to the application. A home study report from the USA found the applicants suitable as adoptive parents.

Issues

1. Whether the applicants should be appointed legal guardians of Aaron Eridad Mugomba.
2. Whether the applicants should be permitted to immigrate with the infant to the United States of America.

Orders

• Eric Jeffrey Dirks and Emily Louise Engelbert Dirks appointed legal guardians of Aaron Eridad Mugomba.
• The appointed legal guardians permitted to immigrate with the child to the United States of America in order to fulfill their obligations as legal guardians.
• The applicants ordered to submit a report on the state and welfare of the child to the Registrar Family Division of the High Court of Uganda at Kampala every six months until the child is 18 years old or until directed otherwise.
• The applicants to pay the costs of this application.

Rules and key headnotes

Legislation cited (9)

• Constitution of the Republic of Uganda 1995 Article 139(1)
• Judicature Act Cap. 13 s.14
• 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
• Civil Procedure Rules SI 71-1 Order 52 Rule 1
• Civil Procedure Rules SI 71-1 Order 52 Rule 3

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