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Uganda decisions
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In the matter for guardianship Order by Turyatemba (Miscellaneous Cause 18 of 2024) [2024] UGHC 1039 (17 October 2024)
The High Court granted a limited guardianship order allowing a father to pledge a minor’s land as collateral for a loan to support the child’s education and needs.
In The Matter of an Application of Guardianship By Kamwesigye (Mother) v Tumesigye (a Minor) (Family Cause 5 of 2022) [2022] UGHCFD 16 (11 October 2022)
The High Court appointed a mother as guardian over her minor child’s proprietary rights to enable borrowing against jointly owned land for renovations benefiting the child.
In The Matter of Application For Guardianship by Nakazindo and Other v Nanyondo and Another (Family And Children’s Cause 1 of 2022) [2022] UGHCFD 13 (17 March 2022)
The court found that the applicant is the biological mother of the minors, has been their primary caregiver, and has demonstrated intent to act in their best interests. The property in question was acquired and registered in both her name and those of the minors, and the applicant seeks to manage it for their benefit. There is no evidence of adverse interest or incapacity. The court held that, in accordance with constitutional and statutory mandates prioritizing the welfare and best interests of children, the applicant is a suitable person to be granted guardianship and authorized to deal wit…
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In the Matter Of an Application of Guardianship By Namusoke and Another v Kitibwa and Another (Family And Children’s Cause 5 of 2021) [2021] UGHCFD 219 (26 November 2021)
The High Court granted a mother guardianship over her two minor children and allowed her to manage and deal with land registered in their names for their benefit.
In Re: Ssekitoleko Ibrahim & Ors (Family Cause No. 22 of 2018) [2019] UGHCFD 45 (12 September 2019)
The High Court appointed the minors’ mother as legal guardian and allowed her to manage and sell the children’s land, subject to safeguards protecting their interests.
In Re: Kigenyi & Nabwire ( children) (Family Cause No. 012 of 2019) [2019] UGHCFD 7 (16 April 2019)
High Court at Jinja appointed Musa Jomo legal guardian of his minor children and authorized sale of part of their land, applying the welfare principle.
Ajidiru v Anguzu & Anor (Miscellaneous Civil Application No. 0031 of 2016) [2016] UGHCCD 36 (28 June 2016)
The High Court granted a mother conditional guardianship over her minor children’s jointly owned land so she could deal with the property while protecting the children’s interests.
In Re: Naiga Hellen (an Infant) (Family Cause 25 of 2014) [2014] UGHCFD 21 (1 April 2014)
The High Court granted a mother legal guardianship over her minor child to enable her deal with jointly owned land for the child’s welfare and school fees.
In Re: Mbowa (an infant) (Family Cause 217 of 2013) [2014] UGHCFD 19 (26 March 2014)
The court found that the applicants are the biological mother and aunt of the minors and that the property in question is registered in the names of the minors, their aunt, and their late father. The minors, who are of understanding age, and the administrators of the late father's estate, do not oppose the transfer of the property for the minors' upbringing. The court held that appointing the applicants as legal guardians for the purpose of transferring the property is in the best interests and welfare of the minors, and that there is sufficient legal basis under the Constitution, Judicature…
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In Re: Tumusime (an infant) (Family Cause No. 0297 of 2013) [2013] UGHCFD 23 (19 December 2013)
The court found that Anna Tumusiime is a double orphan in urgent need of care, with no Ugandan willing or able to assume her guardianship. The welfare principle, as enshrined in the Constitution and Children Act, requires that the child's best interests be paramount. The applicants demonstrated their ability and willingness to provide a stable, loving home, supported by character references, social welfare reports, and a clean background. Precedent supports granting guardianship to foreign nationals in such circumstances. The court, therefore, exercised its inherent jurisdiction to appoint th…
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