In Re: An Application for Legal Guardianship of Minors by Margaret Kamuzana & In Re: Bulemezi Block 160, Plot 162, Land at Lutamu, B (Family Cause No. 39 of 2006) (Family Cause No. 39 of 2006) [2006] UGHC 63 (27 April 2006)

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

FAMILY CAUSE NUMBER 39 OF 2006

IN THE MATTER OF ESTHER NTEGE, KALEBO NTEGE AND SARAH NTEGE - ALL MINORS

AND

IN THE MATTER OF AN APPLICATION FOR LEGAL GUARDIANSHIP OF THE MINORS BY MARGARET KAMUZANA – APPLICANT

AND

IN THE MATTER OF BULEMEZI BLOCK 160 PLOT 162 LAND AT LUTAMU, BULEMEZI

BEFORE: HON. AG. JUDGE REMMY KASULE:

RULING:

The applicant is mother of the three minors: Esther Ntege, Kalebo Ntege and Sarah Ntege.

The three minors are registered proprietors of the land comprised in Bulemezi Block 160 Plot 162 land at Lutamu.

It is on this land that there is a matrimonial home, a cattle farm and an hotel which the applicant runs.

The applicant is a widow, the husband and father of the minors, one Ntege Moses Kigongo, having died on the 11^th May 2005.

The land was given to the minors by their paternal grandfather, Lekobowamu Sebagala Ssalongo, who also is now deceased.

The minors are school going and entirely depend for their school fees, maintenance and up keep on their mother, the applicant.

The applicant requires capital to capitalise the hotel business and the cattle farm which she is running and which are on the land. She therefore desires to mortgage the title to the land to a microfinance enterprise so as to get a loan. She has assured court that the loan is for the welfare and advancement of interests of the minors. She thus prays to be appointed guardian of the minors to enable her mortgage the land.

The Court is satisfied that the applicant is seeking the guardianship order for the welfare of the minors.

Accordingly this application is allowed. The applicant is hereby appointed guardian of Esther Ntege, Kalebo Ntege and Sarah Ntege, the minors.

By virtue of being appointed such a guardian, the applicant is hereby authorized to mortgage, transfer, tender as security and to deal in any way whatsoever she deems appropriate, the land comprised in Bulemezi Block 160 Plot 162, land at Lutamu, Bulemezi, now registered in the names of the minors.

Remmy Kasule

Ag. Judge

27^th April 2006