Stefano Lamon and Another v Jane Namukasa (Miscellaneous Application No. 78 91)

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 court granted guardianship of a 2½-year-old orphan to a married Italian couple working in Uganda, holding that the welfare of the child was paramount. The applicants had sufficient income, good intentions, and the support of the child's only known relative, a destitute grand aunt. The court ordered periodic progress reports and mandated that the child visit her grand aunt every two to three years.

Outcome

Guardianship granted to the applicants with conditions for monitoring and maintaining family contact

Facts

Jane Namukasa was born on 12 November 1988 at Namirembe Hospital to Florence Nansubuga who died on 2 April 1989. After her mother's death, the Daughters of Charity took over the care of the infant. The mother never disclosed the identity of Jane's father. The closest known relative is a paternal grand aunt, also named Florence Nansubuga, who is a destitute unable to care for herself or the child. The grand aunt supports the application. The applicants, Stefano Lamon (a doctor) and Silvia Lamon (a teacher), are a married Italian couple working at Matany Hospital in Moroto. They have been married since 27 June 1987 and have no children of their own. Reference letters confirmed they have sufficient income and benevolent intentions. The Daughters of Charity recommended the couple as suitable guardians.

Issues

1. Whether the applicants should be appointed legal guardians of the infant Jane Namukasa.
2. Whether the appointment of foreign nationals as guardians is in the best interest and welfare of the child.

Orders

• The applicants Stefano Lamon and Silvia Lamon are appointed guardians of the infant Jane Namukasa.
• A report on the progress of the child shall be submitted every six months to the Probation/Welfare Office in Kampala.
• The same report shall be sent to Daughters of Charity for the information of the grand aunt Florence Nansubuga.
• The Probation/Welfare Office in Kampala shall inform the court if it does not receive the said reports.
• The child shall be brought to visit her grand aunt at the guardians' expense once every 2 years until the age of 12 years and thereafter once every 3 years.
• The Registrar shall send a copy of this order together with the addresses of the guardians both in Uganda and Italy to the Ministry of Foreign Affairs Kampala and the Probation and Welfare Officer Kampala.

Rules and key headnotes

Legislation cited (1)

• Judicature Act 1967 s.9(a)

Cases cited (3)

• Faith Aroka Tugilibira (Infant Molly Samuels) (Miscellaneous Application No. 83 of 1991)
• Nabukalu Infant & Mr. & Mrs. Van Kanten (Miscellaneous Application No. 35 of 1989)
• Grace Tumwebaze Namaya & Mr. & Mrs. Guest Nyesen (Miscellaneous Application No. 59 of 1989)

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