Re Kirabo Joseph (An Infant) (Family Cause No. 098 of 2009)

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 appointed Canadian citizens as legal guardians of an abandoned infant found in Entebbe. The court held that guardianship was in the child's best interests where parents were unknown, no relative came forward after public advertisement, and the applicants demonstrated financial stability, suitable home environment, and capacity to provide parental care. The welfare of the child was the paramount consideration under section 3 of the Children Act.

Outcome

Applicants appointed legal guardians with authority to remove child from Uganda and annual reporting obligations to the High Court

Facts

An infant aged approximately one week was found abandoned in a trench in Entebbe and taken to Sanyu Babies' Home by police. On 21 April 2009, the Family and Children Court of Mengo made a care order placing the child with Sanyu Babies' Home. The applicants, Canadian citizens married with six children, developed an interest in the infant. Advertisement seeking the child's parents was placed in New Vision and Bukedde newspapers on 30 April 2009. No person came forward to claim the child. Sanyu Babies' Home consented to the guardianship application. The first applicant is a judge of the Superior Court of Ontario, Canada. The second applicant is a stay-at-home mother with missionary experience. Both applicants had no criminal record and demonstrated financial capacity to care for the child. The Probation and Social Welfare Officer confirmed the guardianship was in the child's welfare and benefit.

Issues

1. Whether the grant of guardianship will be for the welfare of the child.
2. Whether the applicants are suitable for guardianship of the child.

Orders

• The applicants are appointed legal guardians of Kirabo Joseph, with full parental rights and responsibilities.
• 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 Canadian Embassy in Nairobi and the Ugandan Embassy in Ottawa.
• The applicants are directed to obtain a Ugandan passport for the child and renew it from time to time as required by the law.
• The applicants are permitted to travel out of the country with the child.
• The applicants are directed to register the order with the authority responsible for children in Montreal, Canada and to file a report with the Registrar Family Division, High Court, Kampala, once every year, on the state of the welfare of the child until the child is 18 years of age or until directed otherwise.
• The court makes no order as to costs.

Rules and key headnotes

Legislation cited (7)

• Constitution of Uganda 1995 Article 139(1)
• Judicature Act Cap 13 s.14
• Judicature Act Cap 13 s.33
• Children Act Cap 59 s.2
• Children Act Cap 59 s.3
• Children Act Cap 59 First Schedule paragraph 1(b)
• Civil Procedure Act s.98

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