Uganda Case Law

In The Matter of Application For Guardianship by Nakazindo and Other v Nanyondo and Another (Family And Children’s Cause 1 of 2022)

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)

Court

HC: Family Division (Uganda)

Case number

Family And Children’s Cause 1 of 2022

Judge

Ojok, J

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…

Source excerpt

• Guardianship Of Minors
• Best Interest Of Child
• Parental Rights
• Property Management For Minors

In the Matter Of an Application of Guardianship By Namusoke and Another v Kitibwa and Another (Family And Children’s Cause 5 of 2021)

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)

Court

HC: Family Division (Uganda)

Case number

Family And Children’s Cause 5 of 2021

Judge

Ojok, J

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.

• Guardianship Of Minors
• Best Interests Of Child
• Property Management For Minors
• Guardianship-of-minors
• Best-interests-of-the-child
• Property-management-for-minors

In the matter of an application for legal guardianship by Kawuma Allen

In the matter of an application for legal guardianship by Kawuma Allen (Miscellaneous Cause 33 of 2020) [2021] UGHCFD 224 (15 March 2021)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Cause 33 of 2020

Judge

Okalany, J

The High Court granted a mother legal guardianship over her children’s land so she could sell it, buy another property, and develop it for their benefit.

• Legal Guardianship
• Child Welfare
• Property Management For Minors
• Sale Of Minor Property
• Legal-guardianship
• Child-welfare

In Re: Tamale Joshua & Ors

In Re: Tamale Joshua & Ors (Miscellaneous Cause No. 88 of 2017) [2018] UGHCFD 16 (19 April 2018)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Cause No. 88 of 2017

Judge

Kitariisibwa-Katunguka, J

The High Court of Uganda granted legal guardianship to the applicant to manage land held for the benefit of three minors, applying the child-welfare principle.

• Legal Guardianship
• Welfare Of Children
• Custody
• Property Management For Minors
• Legal-guardianship
• Best-interests-of-the-child

In Re: Otim (an infant) (Family Cause 03 of 2013)

In Re: Otim (an infant) (Family Cause 03 of 2013) [2014] UGHCFD 33 (29 May 2014)

Court

HC: Family Division (Uganda)

Case number

Family Cause 03 of 2013

Judge

Tuhaise, J

The court found that the applicant, as elder brother and caretaker, is best positioned to act in the minor's interests. The minor, aged 17 and of understanding age, consents to the sale of jointly owned land for his education and welfare. The other joint proprietor also supports the application. The court applied the principle that the best interests of the child are paramount, as set out in the Constitution and Children Act, and found that granting legal guardianship to the applicant would enable him to enforce the minor's rights and manage property for the minor's benefit. The absence of di…

Source excerpt

• Legal Guardianship
• Best Interests Of Child
• Child Welfare
• Property Management For Minors

In Re: Nassiwa Chelsea (A minor) (Misc.App. No. 133 of 2009)

In Re: Nassiwa Chelsea (A minor) (Misc.App. No. 133 of 2009) [2009] UGHC 175 (28 October 2009)

Court

High Court of Uganda

Case number

Misc.App. No. 133 of 2009

The High Court appointed David Balunga as guardian of his minor child, Nassiwa Chelsea, and granted authority to deal with her property, finding the order served the child’s best interests.

• Guardianship Of Minor
• Best Interests Of Child
• Property Management For Minors
• Parental Rights
• Court Appointed Guardians
• Joint Property With Minor

In Re: Kawesa (Minor) (Misc. Application No. 46 of 2003)

In Re: Kawesa (Minor) (Misc. Application No. 46 of 2003) [2004] UGHCFD 2 (2 September 2004)

Court

HC: Family Division (Uganda)

Case number

Misc. Application No. 46 of 2003

Judge

Rwamisazi-Kagaba, J

The application failed because the applicants did not prove that Isaac Kawesa was a minor under the age of eighteen at the time of the application, which is a jurisdictional requirement for guardianship orders. The only evidence of age was an annotation on a land title, which indicated that Kawesa ceased to be a minor in 2004, making him ineligible for the relief sought. Furthermore, the applicants did not demonstrate how mortgaging the property would benefit the minor's welfare, nor did they show that the funds would be used for any of the facilities or rights guaranteed to children under th…

Source excerpt

• Guardianship Of Minors
• Welfare Of The Child
• Parental Responsibility
• Proof Of Age
• Property Management For Minors