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Agnes Mayanja v Brian Mugerwa (Misc. Appl. No. 140/94) [1994] UGHC 119 (21 October 1994)
- Citation
- [1994] UGHC 119
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- High Court of Uganda
- Panel
- Mukanza, J
- Case number
- Misc. Appl. No. 140/94
- Language
- English
More details
- Court
- High Court of Uganda
- Panel
- Mukanza, J
- Case number
- Misc. Appl. No. 140/94
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the applicant, being the natural mother of the infant and having purchased the property for his benefit, is a suitable person to be appointed as guardian. The intended use of the property as security for a loan is for the welfare of the infant, and the bank is willing to extend the facility. The court is satisfied that appointing the applicant as guardian and permitting registration of the property in her name as guardian serves the best interests of the child.
Court disposition
application granted
Orders
- Agnes Mayanja is appointed guardian of Brian Mugerwa, an infant.
- The property described as leasehold Register Volume 2109 folio 2 plot 197 Kyaggwe Block 190 Nasuti Estate Mukono District shall be registered in the name of Agnes Mayanja as guardian.
02
Material facts
Parties
Agnes Mayanja
Applicant Counsel: Mr. Kiggundu MugerwaBrian Mugerwa
Infant03
Procedural history
Posture
Miscellaneous Application / Order
04
Questions and positions
Legal issues
- 01
Whether the applicant should be appointed guardian of the infant Brian Mugerwa.
- 02
Whether the applicant should be permitted to register the infant's property in her name as guardian.
- 03
Whether the use of the infant's property as security for a loan is in the infant's best interest.
Party arguments
- Applicant
- The applicant is the natural mother of the infant and purchased the property for his benefit. She seeks appointment as guardian to manage the property and register it in her name to secure a loan from Sembule Investment Bank, which will be used for the infant's welfare.
- Respondent
- No respondent appeared or filed arguments in opposition to the application.
05
Court’s reasoning
Legal principles
- 01
Section 9 of the Judicature Act; Order 48 Rules 1 and 2 of the Civil Procedure Rules
In guardianship matters, the welfare and best interests of the child are paramount.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the applicant, being the natural mother of the infant and having purchased the property for his benefit, is a suitable person to be appointed as guardian. The intended use of the property as security for a loan is for the welfare of the infant, and the bank is willing to extend the facility. The court is satisfied that appointing the applicant as guardian and permitting registration of the property in her name as guardian serves the best interests of the child.
Obiter and limits
- In matters of this nature, the interest of the infant is paramount.
- The willingness of the credit department of Sembule Investment Bank to extend loan facilities to the applicant is noted.
Court disposition
application granted
- Agnes Mayanja is appointed guardian of Brian Mugerwa, an infant.
- The property described as leasehold Register Volume 2109 folio 2 plot 197 Kyaggwe Block 190 Nasuti Estate Mukono District shall be registered in the name of Agnes Mayanja as guardian.
Source and reliance status
High Court of Uganda
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
High Court of Uganda
Judgment
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
MISC. APPL. NO. 140/94
IN THE MATTER OF BRIAN MUGERWA::::::::::::::::::INFANT
AND
IN THE MATTER OF AGNES MAYANJA::::::::::::::::::::::::::: BEFORE: THE HONOURABLE MR. JUSTICE I. MUKANZA.
ORDER
This is an application by notice of motion brought under section 9 of the Judicature Act and order 48 Rules 1 and 2 of the civil procedure rules seeking for orders from this court that the applicant Agnes Mayanja be granted guardian of one Brian Mugerwa an infant and that the infants property described and known as leasehold register volume 2109 folio 2 plot 197 Kyaggwe Block: 190 Nasuti Estate Mukono District be registered into the names of the guardian/applicant.
The grounds for this application are contained in the affidavit of Agnes Mayanja deponed to in support of the application but they are generally that the applicant is the natural mother of the infant. She purchased the said land and registered the same in his names for the infants benefits. The applicant seeks to obtain credit from Sembule Investment Bank using the land as security. And that the credit facility sought from the bank is in/interest and for the purpose of the infants welfare.
In matters of this nature the interest of the infant is paramount. The property to which the applicant would like to secure a loan if she could get title is for the benefit of the infant and the credit department of Sembule Investment has expressed willingness to extend loan facilities to the applicant.
$...12.$
After considering the affidavit of the applicant coupled with the submission of Mr. Kasirye the learned counsel representing the applicant <sup>p</sup> am satisfied that this is <sup>a</sup> a proper case for appointing the applicant as a guardian of the said Brian Mayanja. The application is granted.
The applicant is hereby appointed as a guardian of the said Brian Mayanja an infant to manage the infants property described and known as leasehold Register Volume 2109 folio <sup>2</sup> plot 197 Kyaggwe Block 190 Nasuti Estate Mukono District and have the same registered in the name of the applicant/ guardian the said Agnes Mayanja.
And Sr I order.
21.1Q\* 1994: Mr. Kiggundu Mugerwa for the applicant.
Court order is read and signed in the chambers.
I. MUKOZA /; *(J* JUDGE 21.10.1994.
2
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