Court name
HC: Family Division (Uganda)
Judgment date
5 February 2014

In Re: Catherine Adongo (An infant) (Family Cause-2013/3) [2014] UGHCFD 8 (05 February 2014);

Cite this case
[2014] UGHCFD 8

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT SOROTI

FAMILY CAUSE 3 OF 2013

IN THE MATTER OF CATHERINE  ADONGO............AN INFANT

AND

IN THE MATTER OF AN APPLICATION FOR

GUARDIANSHIP ORDER BY

STEVEN ANDREW TIESENGA AND

ZYLSTRA TANYA RENEE TIESENGA   .....................APPLICANTS

 

BEFORE HON. LADY JUSTICE H. WOLAYO

RULING

This is an application for legal guardianship brought under article 139 ( 1) of the Constitution , Section  14  of the Judicature Act Cap 13; Sections 2,3,4,5,6 of the Children Act and order 52 rules 1 and 3 of the Civil Procedure Rules.

Applicants were represented by Mr. Ekirapa and in attendance were the Senior Probation Officer Soroti  Mr. Ekallam  Oteko ,  AIP Adongo Florence of Child Protection Unit Soroti, the mother  the child Ms. Anna Grace Imamat , the child Adongo Catherine and the two applicants.

The grounds for allowing an application for guardianship is that it is in the best interests of the child.

I have examined the affidavits and documents accompanying this application. The record shows that  the child was rescued by   AIP Adongo Florence  of Police Child and Protection Unit in a very mal-nourished state in February  2012 . The photographs taken at the time are self-explanatory.  The child was placed in  Amecet’s children’s Home  from where the applicants picked interest in her and fostered her.  

 

 

 

 The affidavits  of  Steven Andrew Tiesenga  and Zylstra  Tanya Renee Tiesenga shows they  are  American citizens, married and  have three biological children. The family lives in Uganda and have fostered the child since April 2012.  They have the means to support the child.

I  also note that the mother of the child Anna Grace Imamat  signified her consent in writing and also in court when  informed that she would cease to have parental rights over the child.   The father of the child Olemo Moses signified his consent in writing but he was not in court because he was medically certified as a person undergoing treatment for mental ill health.

For the reasons given above, i am convinced that it is in the best interests of the child  that this application be allowed.

I hereby make the following orders,

  1. Legal guardianship of Catherine Adongo is granted to the two applicants Steven Andrew Tiesenga  and Zylstra  Tanya Renee Tiesenga.
  2. The applicants are to accord the child all  the rights conferred  by the Children Act .
  3. The applicants  will exercise parental responsibility over the child  and take  decisions that  will promote  the best interests of the child.
  4. Costs in the cause.

DATED AT SOROTI THIS   5TH DAY OF  FEBRUARY 2014.

 

HON. LADY JUSTICE H. WOLAYO