Zam Kalule Nakiyingi v Enock Sebunya (Family Cause 191 of 2014)

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 authorized a legal guardian and biological mother to dispose of land registered in her minor child's name to meet his educational and maintenance needs. The court held that where the legal guardian seeks to dispose of the minor's property for the minor's welfare, and the minor of understanding age consents, the order should be granted as it is in the best interests of the child.

Outcome

Applicant authorized to dispose of the minor's land for the minor's welfare

Facts

The applicant is the biological mother of Enock Sebunya, a minor born on 5 November 2000. She had the child with the late Samuel Kalule who died on 19 August 2003. The applicant and the deceased had purchased land at Kyadondo Block 211 Plot 1007 at Kikaya and registered it in the minor's name. The applicant had previously been appointed legal guardian of the minor by the court in Family Cause No. 137/2010. As a single mother, she faced difficulty meeting the minor's educational and maintenance needs. She sought authorization to sell the land registered in the minor's name to raise money for his school requirements, maintenance and continued sustenance. The minor, aged about fifteen years and of understanding age, was examined by the court on oath and stated he was not opposed to his mother disposing of the land to cater for his interests.

Issues

1. Whether the applicant, as the biological mother and legal guardian of the minor, should be authorized to dispose of land registered in the minor's name to meet the minor's educational and maintenance needs.

Orders

• The applicant is authorized to dispose of land known as Kyadondo Block 211 Plot 1007 at Kikaya currently in the names of Enock Sebunya a minor.
• Costs of this application will be met by the applicant.

Rules and key headnotes

Legislation cited (10)

• Constitution of the Republic of Uganda Article 139(1)
• Constitution of the Republic of Uganda Article 34
• Judicature Act Cap 13 s.14
• Judicature Act Cap 13 s.33
• Judicature Act Cap 13 s.39
• Civil Procedure Act Cap 71 s.98
• Civil Procedure Rules SI 71-1 Order 52 rule 1
• Civil Procedure Rules SI 71-1 Order 52 rule 2
• Civil Procedure Rules SI 71-1 Order 52 rule 3
• Children Act

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