Court name
High Court of Uganda
Case number
Family Cause-2006/50
Judgment date
22 November 2005

In Re: An Application for Guardianship of Duncan Mugero Wampande and Martha Mugero Nabirye (Family Cause-2006/50) [2005] UGHC 34 (22 November 2005);

Cite this case
[2005] UGHC 34
Short summary:
HR, Parental care and protection
 
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
FAMILY CAUSE NO 50 OF 2005
In the matter of an application for guardianship of Duncan Mugero Wampande and Martha Mugero Nabirye (minors) by Mugero Christopher (applicant)

22nd November 2005
 

BEFORE: HON. MR. JUSTICE ELDAD MWANGUSYA:


RULING:

This is an application by a notice of motion for orders that the applicant be appointed legal guardian of Duncan Mugero Wampande aged 13 years and Martha Mugero Nabirye aged 7 years. The applicant and both infants attended the hearing of this application.

According to the Notice of Motion and the Supporting
Affidavit of the applicant the purpose of the application for the guardianship order is to get access to some money left in trust for the infants so that he can use it for their maintenance. The money was left for the infants by their mother who is deceased. As the father of the infants, the applicant is already taking care of them and his access to the first funds will enable him to cater more for their interest.

Therefore having studied the application and having heard Mr.
Vincent Kamugisha counsel for the applicant I am satisfied that this is a proper case for grant of a guardianship order as it will be in the best interest of the infants in regard to their welfare. The order of guardian is accordingly granted to the applicant in respect of the two infants to enable him access the trust funds for their use.
 Eldad Mwangusya
JUDGE
Court:
I will be away for a criminal session opening in Mbarara on 22/11/2005. The Assistant Registrar (Family) is directed to deliver this ruling to the parties on 22/11/2005.

 Eldad Mwangusya
JUDGE
17/11/2005

22/11/2005
Mugero Christopher/applicant present.
Vicent Kamugisha absent (counsel).

Court:
Ruling delieved.

John O.E. Arutu
REGISTRAR FAMILY
22/11/2005
















THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
FAMILY CAUSE NO. 50 OF 2005
IN THE MATTER OF AN APPLICATION FOR GUARDIANSHIP OF DUNCAN MUGERO WAMPANDE AND MARTHA MUGERO NABIRYE (MINORS) BY MUGERO CHRISTOPHER (APPLICANT)

BEFORE: HON. MR. JUSTICE ELDAD MWANGUSYA:

RECORD OF PROCEEDINGS:
21/10/2005
The applicant is in court without his counsel.
Applicant (Mr. Mugero Christopher):
My lawyer is indisposed. I pray for another date.
Court:
Application adjourned to 10/11/2005 at 9.00 a.m. for hearing.

Eldad Mwangusya
JUDGE
21/10/2005

10/11/2005
Mr. Kamugisha Vicent for the applicant.
The applicant is in court with one of the minors.
The second minor is not in court.
Ms. Nakibuka court clerk.

Court:
This application cannot be heard in absence of one of the minors. Adjourned to 14/11/2005 at 9.00 a.m. for hearing.

Eldad Mwangusya
JUDGE
10/11/2005
14/11/2005
Mr. Vicent Kamugisha counsel for the applicant.
The applicant is in court together with the two infants.
Ms. Marriam Nakibuka court clerk.

Mr. Vicent Kamugisha:
This application is brought under O.48 Rules 1,2 and 3 of CPR and S.98 of CPA and S.33 of Judicature Act.

The applicant is seeking for orders to be appointed a legal guardian
of Duncan Mugero Wampande who is aged 13 years and Martha Mugero Nabirye 7 years. The application is on the ground that he is the biological father of the two infants. The infants mother is deceased. The applicant takes care of their needs. The applicant has annexed affidavits of infants birth certificate.

Under para 4 of applicants affidavit he deposes that their mother left some money in trust for them and he has been advised that to access it he requires a guardianship. I have communication from the Bank of Uganda that the trustee f
unds can only be accessed by a guardian not an administrator of the estate.
I pray that a guardianship order be granted to the father of the infants to enable him access their funds for their needs.
I so pray.
Court:
Ruling to be delivered on 22/11/2005 at 9.00 a.m.
Eldad Mwangusya
JUDGE
14/11/2005