[1994] UGHC 119

[1994] UGHC 119

The court found that the applicant, being the natural mother of the infant and having purchased the property for his benefit, is a suitable person to be appointed as guardian. The intended use of the property as security for a loan is for the welfare of the infant, and the bank is willing to extend the facility. The court is satisfied that appointing the applicant as guardian and permitting registration of the property in her name as guardian serves the best interests of the child.

Citation
[1994] UGHC 119
Parties
Applicant: Agnes Mayanja; Infant: Brian Mugerwa
Court
High Court of Uganda
Jurisdiction
Uganda
Judgment Date
21 October 1994
Case Number
Misc. Appl. No. 140/94
Procedural Posture
Miscellaneous Application / Order
Outcome
application granted
Judges
Mukanza, J
Legal Topics
Guardianship of Infant, Registration of Property, Welfare of Child
Source Language
English
Family and Children Land and Property Guardianship of Infant Registration of Property Welfare of Child

Case Brief

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Parties

Agnes Mayanja

Applicant

Brian Mugerwa

Infant

Procedural Posture

Miscellaneous Application / Order

Legal Issues

  1. 1 Whether the applicant should be appointed guardian of the infant Brian Mugerwa.
  2. 2 Whether the applicant should be permitted to register the infant's property in her name as guardian.
  3. 3 Whether the use of the infant's property as security for a loan is in the infant's best interest.

Ratio Decidendi

The court found that the applicant, being the natural mother of the infant and having purchased the property for his benefit, is a suitable person to be appointed as guardian. The intended use of the property as security for a loan is for the welfare of the infant, and the bank is willing to extend the facility. The court is satisfied that appointing the applicant as guardian and permitting registration of the property in her name as guardian serves the best interests of the child.

Court Disposition

application granted

Orders

  • Agnes Mayanja is appointed guardian of Brian Mugerwa, an infant.
  • The property described as leasehold Register Volume 2109 folio 2 plot 197 Kyaggwe Block 190 Nasuti Estate Mukono District shall be registered in the name of Agnes Mayanja as guardian.