Court name
High Court of Uganda
Judgment date
28 February 2006

In Re: Meliza Nabwire (An Infant); In Re: An Application for Legal Guardianship by Glenn Ralph Stocks and Kathleen Best Stocka (Family Cause-2005/73) [2006] UGHC 8 (28 February 2006);

Cite this case
[2006] UGHC 8
Short summary:
HR, Parental care and protection
 
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
 
 
 
FAMILY CAUSE NO 73 OF 2005
 
 
IN THE MATTER OF MELIZA NABWIRE (An infant)
 
AND
IN THE MATTER OF AN APPLICATION FOR LEGAL GUARDIANSHIP BY GLENN
RALPH STOCKS AND KATHLEEN BEST STOCKS

28th February 2006

BEFORE: AG. JUDGE REMMY K. KASULE
 

RULING

This is an application for a guardianship order.

Glenn Ralph Stocks and Kathleen Best Stocks, both applicants, apply to be appointed guardians of Meliza Nabwire, an infant.

The applicants are United States Citizens and are husband and wife. They have been in Uganda since May 2003. Glenn Ralph Stocks is Area leaf manager, East Africa, of British American Tobacco. Kathleen Best Stocks is a house wife. They both have enough income to support the infant. They are of good moral standing and are highly recommended by the Local Council 1, All Saints Village, Nakasero II, Kampala, where they reside.

The infant, Meliza Nabwire, is three years old, and was met by the applicants at Sanyu Babies Home in February 2004; after she had been abandoned at St. Balikuddembe Market, Kampala, on or about 20th May 2002.

The parents of the infant are unknown. No response was made to the newspaper advert published in the New Vision Newspaper of 6th October, 2005 calling for the parentage of the infant.

Since 18th September, 2004, the applicants have been fostering the infant at their home in Nakasero, Kampala.

Medical examination of the infant has shown the infant suffering from cerebral palsy, deafness, impaired vision and deformity of the left leg.

The applicants intend to ultimately adopt the infant once they have completed the fostering period of thirty six months. They undertake to ensure the infant’s general welfare.

Both applicants and the infant were physically observed by court.
The applicants are fond of the infant as their natural child. The infant looked very happy in their company.

The duty of this court is to ensure that what order is made is for the advancement of the general welfare and rights of the infant: See: Re Jane Namukasa (An infants) [1992-1993] HCB 200.
This court is satisfied that a guardianship order, once made, will advance the welfare of this infant.
Accordingly this application is allowed. GLENN RALPH STOCKS and KATHLEEN BEST STOCKS are hereby appointed guardians of MELIZA NABWIRE, an infant.

The applicants are to bear the costs of this Application.

 Remmy Kasule
Ag. Judge