Counsel for the applicant, Mr. Barata submitted that the father of the children was the late Roussos who died on 25-9-08, and that the applicant has remained with the custody of the children.
Mr. Barata submitted that the father of the children left a Will – see a copy of it on the court record, in which he provided for them. That the terms of the Will have not been effected by the grant taken out by the
Bishop of the Orthodox Church who is based in Mwanza, Tanzania.
Mr. Barata contended that the application is seeking a legal guardianship order in order to put her in a good legal position to be able to come back before this court and seek intervention and orders of court that the will be effectuated in the best interests of the children.
Under section 3 paragraph 1 (b) of the first Schedule to the Children Act, in making any decision concerning a child, the welfare of the child is of paramount importance.
In the instant case, the applicant is the natural mother of the children. She has had their custody since their birth. The father of the children died a year ago and apart from obtaining the grant, the executor has not done anything to effect the Will yet the children need maintenance, education and a roof over their heads.
In view of the above, court is of the view that the application, if granted will be for the welfare of the children.
Consequently, the application is granted in the following terms and conditions:-
The applicant is granted legal guardianship of the children, Michael Ethan Roussos, Victor Nicholas Roussos and Daphne Genevieve Roussos, with full parental rights and responsibilities.
The court makes no order as to costs.
Margaret C. Oguli Oumo
Counsel for the applicant
Nalongo Nanduala – Court Clerk
Nyakwebara Elizabeth – Research Assistant