Re In The Matter Of Ajwang Sandra (Family Cause No.188 Of 2010) (Family Cause No.188 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

The High Court granted an application for legal guardianship of an 11-year-old double orphan requiring medical treatment in the USA, but modified the order to appoint both the male applicant (a pastor and director of the care organization) and his wife as co-guardians. The court held that it would not be wise to grant a male applicant sole legal guardianship of a female child when his wife was alive and had not consented, particularly where the wife had filed an affidavit requesting joint appointment.

Outcome

Legal guardianship granted to both applicants jointly; child permitted to travel to USA for medical treatment

Facts

Ajwang Sandra, an 11-year-old double orphan, had been under the care of Gospel Messengers of Holiness and Righteousness for six years pursuant to a care order dated 24 March 2004. She was recently diagnosed with Osteomyelitis in both her tibia. Shrine Hospitals for Children accepted her for medical treatment in the USA on condition that she be accompanied by a legal guardian, as required by the Embassy. Ssemanda Mbuga Moses, a Director and Pastor of the organization caring for the child, initially applied alone for legal guardianship. His wife, Ssemanda Hopkins Joyce, filed an affidavit requesting that the grant be made in both their names. The Probation Officer for Makindye recommended that guardianship be granted.

Issues

1. Whether the application is for the welfare of the child and in her best interests?
2. Whether the applicant is a suitable guardian for the child?

Orders

• Ssemanda Mbuga Moses and Ssemanda Hopkins Joyce are appointed legal guardians of the child, Ajwang Sandra.
• The applicants are directed to register the order with the Registrar of Documents, Ministry of Justice and Constitutional Affairs, Kampala.
• The applicants are permitted to travel with Ajwang Sandra to USA for medical treatment.
• The applicants are directed to register the order with the United States Embassy in Kampala and the Ugandan Embassy in Washington.
• The applicants are directed to file a report regarding the state of the welfare of the child as soon as they return to Uganda.
• No order as to costs.

Rules and key headnotes

Legislation cited (6)

• Constitution of the Republic of Uganda Article 139(1)
• 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

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