Court name
High Court of Uganda
Case number
Miscellaneous Cause-1994/59
Judgment date
1 May 1994

Re: Application for Guardianship of Ivan Okoth (Miscellaneous Cause-1994/59) [1994] UGHC 8 (01 May 1994);

Cite this case
[1994] UGHC 8
Short summary:
Parental care and protection, HR

 

THE REPUBLIC OF UGANDA
IN THE HIGH COURT
OF UGANDA AT KAMPALA -
MISCELLANEOUS, CAUSE: NO 59 OF 1994
IN THE MATTER OF SECTION 9 OF THE JUDICATURE ACT NO.11 OF 1967
AND
IN THE MATTER OF AN APPLICATION FOR GUARDIANSHIP. OF IVAN OKOTH
(MINOR TILL 2008) AND CLIVE OKOTH (MINOR TILL 2012) BY MRS IRENE
JULIET OKOTH THE NATURAL MOTHER OF THE INFANTS
AND
IN THE MATTER OF MENGO BLOCK 10. 442 PLOT NO.
39.88 ACRES AT BUSEMBAGA AND BUNONO
BEFORE:THE HONOURABLE LADY JUSTICE M. KIREJU
RULING:


The applicant Irene Juliet Okoth has applied to court under section 9(a), 17(2) and 32 of the judicature Act and Order 48 rules 1 and 3 of the Civil Procedure Rules and S. 101 of Civil Procedure Act for an order that she be appointed legal guardian of the infants Ivan Okoth Clive Okoth, aged 14 and 11 years respectively, birth Certificates are on record. The applicant is the natural mother of the infants.
The main ground of this application is that the infants are the joint owners together with their mother and maternal auntie Catherine J. Fernandes of land registered as Plot 3 Block 442, Mengo District, which the applicant wants, to sell part of it, 0.5 of an acre so that she could use the proceeds there of to buy a plot at Seguki Training Centre which can more advantageously be developed to generate more income for the welfare and upkeep of the infants.
The said land is situated at Busambaga and Bunono which is a village area a photocopy, of the Certificate of Title was attached to the affidavit of the applicant as Annexure ‘G’ From the affidavit of the applicant paragraph (9) she states that she bought the land to cater for the future needs and welfare of the infants. Her proposal to sell part of the land is also intended to benefit the infants. - The alternative Plot at-Seguku Trading Centre has already been identified and it is registered in the names of mukiibi Mityaba Stephen, Plot 418 B1ock 266 Kyandondo on per