Wakilii

Re In The Matter Of Mukisa Owen (an infant) (Family Cause No. 202 of 2010)

High Court · [2010] UGHC 85 · 2010 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for appointment as legal guardians of an abandoned infant
Decision
Applicants appointed as legal guardians of the infant and permitted to travel with him to the USA for adoption

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Holding

The High Court granted the application appointing American citizens as legal guardians of an abandoned two-year-old infant. The court held that the welfare of the child is paramount under section 3 of the Children Act. Finding that the infant had been abandoned by his mother, that her whereabouts were unknown, and that the applicants were suitable guardians with stable employment and no criminal record, the court permitted the guardians to travel with the child to the USA and adopt him there, subject to annual reporting requirements.

Outcome

Applicants appointed as legal guardians of the infant and permitted to travel with him to the USA for adoption

Facts

The infant Mukisa Owen, aged two years, was found abandoned at Kabalagala by a boda boda cyclist, Kaggwa Kiwanuka, on 7 July 2010. Kaggwa reported the matter to Kabalagala Police Station and was referred to the Probation and Social Welfare Officer. The infant was severely malnourished and in poor health. The infant's mother, identified as Atim Margaret, was located during investigations but was herself in poor health and unable to care for the child. Investigations revealed that the mother was a prostitute at Kabalagala. The infant was temporarily placed in Kaggwa's custody, but Kaggwa's wife refused to accept the child, believing he was born out of wedlock, and mistreated him. The Probation Officer referred the child to Sanyu Babies Home on 30 August 2010 in the child's best interests. An advertisement was placed in Bukedde Newspapers to trace the parents, but no one came forward. The applicants, American citizens aged 32 and 29, married with one child aged three, heard of the infant's plight through friends. The first applicant is employed as a firefighter and paramedic; the second applicant works part-time as a senior sales supervisor. Both applicants have no criminal record and have been recommended as fit for adoption purposes.

Issues

  1. Whether the application is for the welfare and in the best interests of the child, Owen Mukisa?
  2. Whether the applicants are suitable guardians of the child?

Orders

  • The applicants, Joshua James Willis and Courtney Giardina Willis are appointed legal guardians of the child Mukisa Owen.
  • The applicants are directed to register the order with the Registrar of Documents, Uganda Registration Services Bureau, Ministry of Justice and Constitutional Affairs, Kampala.
  • 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 obtain a Ugandan passport for the child and to renew it from time to time as required by the law.
  • The applicants are permitted to travel out of Uganda with the child in order to be able to discharge their parental rights and obligations fully.
  • The applicants are permitted to adopt the child in the USA.
  • The applicants are directed to file a report once every year, regarding the state of the welfare and development of the child, to the Registrar Family Division, High Court, Kampala, until the child is 18 years of age or until directed otherwise.
  • No order as to costs.

Rules and key headnotes

Family Law — Guardianship — Appointment of Legal Guardians — Paramount Welfare Principle
In making any decision concerning a child, the welfare of the child is paramount under section 3 and paragraph 1(b) of the First Schedule to the Children Act Cap 59.
Family Law — Guardianship — Suitability of Guardians — Factors for Consideration
In assessing whether applicants are suitable guardians, the court considers their employment status, financial stability, marital status, absence of criminal record, absence of child abuse convictions, and recommendations from home study reports.
Family Law — Guardianship — Cross-Border Guardianship — Post-Appointment Supervision
Where the High Court appoints non-Ugandan guardians who will remove the child from Uganda, the court may impose conditions requiring annual reporting on the child's welfare and development until the child reaches 18 years of age.
Constitutional Law — Jurisdiction of High Court — Original Unlimited Jurisdiction
The High Court has original unlimited jurisdiction over all matters in Uganda under Article 139(1) of the Constitution of Uganda 1995 and section 14 of the Judicature Act Cap 13, and may grant remedies absolutely or on such terms as it thinks fit under section 33 of the Judicature Act.

Legislation cited (12)

Full judgment

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Re_ In The Matter Of Mukisa Owen (an infant) (Family Cause No. 202 of 2010) [2010] UGHC 85 (25 October 2010)
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.