[2012] UGHC 196
The court found that Joan Akansasira, an infant, had lost her mother, was abandoned by her father, and her grandfather was unable to care for her due to advanced age. The current care arrangement at Potters Village Crisis Centre was temporary and only available until the age of two. The applicants, Bradley Knight...
Source-derived case information.
- Citation
- [2012] UGHC 196
- Parties
- Applicant: Bradley Knight; Applicant: Holly Knight; Respondent: Joan Akansasira
- Court
- High Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Application No. 35 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Legal Guardianship
- Outcome
- application granted
- Judges
- Kwesiga, J
- Legal Topics
- Legal Guardianship, Child Welfare, Abandonment, Adoption Procedure
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bradley Knight
Applicant
Holly Knight
Applicant
Joan Akansasira
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Legal Guardianship
Legal Issues
- 1 Whether the applicants are suitable persons to be granted legal guardianship of Joan Akansasira.
- 2 Whether granting legal guardianship is in the best interests and welfare of the infant.
Ratio Decidendi
The court found that Joan Akansasira, an infant, had lost her mother, was abandoned by her father, and her grandfather was unable to care for her due to advanced age. The current care arrangement at Potters Village Crisis Centre was temporary and only available until the age of two. The applicants, Bradley Knight and Holly Knight, demonstrated good moral character, stable family life, and genuine intentions to provide for the infant's welfare, as evidenced by recommendations from their church and community. The grandfather and current caretaker consented to the application. The court held that the welfare of the child is paramount and that granting legal guardianship to the applicants...
Court Disposition
application granted
Orders
- Bradley Knight and Holly Knight are granted legal guardianship of Joan Akansasira, the infant.
Full Case Text
Judgment text and source record
25 paragraphs
# THE REPUBLIC OF UGANDA
# IN THE HIGH COURT OF UGANDA AT KABALE
### **CIVIL APPLICATION NO. 35 OF 2012**
### **IN THE MATTER OF JOAN AKANSASIRA ::::::::::::::::::::::::::: AN INFANT**
#### **AND**
# **IN THE MATTER OF AN APPLICATION FOR LEGAL GUARDIANSHIP**
**BY**
**1. BRADLEY KNIGHT ::::::::::::::::::::::::::::::::::::::::::::::APPLICANTS 2. HOLLY KNIGHT**
## **BEFORE HON. MR. JUSTICE J. W. KWESIGA**
### **RULING**
This application for Legal guardianship was presented by **M/S Mugume Nyakimwe & Co. Advocates** under provisions of **Article 139 of The Constitution of The Republic of Uganda and Sections 14, 33 and 39 of The Judicature Act** which give this court Jurisdiction in matters including this Application.
The two joint applicants **BRADLEY KNIGHT** and **HOLLY KNIGHT** aged 35 and 20 years respectively are a married couple since 21st June, 2002 and together they have three (3) biological daughters. The applicants are both American Citizens living together in Plano Town, Taxas in the United States of America. They are engaged in Missionary work under Preston wood Baptist Church. The two applicants' affidavits in support of this application have annexutures that highly recommend them as upright persons living as a good Christian family and possessed with good parental qualities.
**JOAN AKANSASIRA** is an infant aged slightly over one year. Mr. Karimunda Petero her grandfather, aged 83 years was examined on oath and he testified that the mother of the infant, **JACINTA**, is dead and the infants father **Mugyenyi Tadeo** abandoned this infant together with two others who are now helpless. He expressly consented to this guardianship application for the good of the infant.
EZRA NDAGIJJE testified that for a period of about 6 months he has kept the infant in his custody pursuant to the family and children's court order Kisoro. The infant had been under custody and care of M/S Potters village Crisis Center which only keeps infants up to only two years.
The above set out facts and circumstances, depict the following conditions pertaining to the life of **JOAN AKANSASIRA**, the subject of this application:-
- (a) She lost her mother and was abandoned by her father without anybody to care for her. - (b) Her grandfather is of advanced age and lacks capacity to look after the infant, he surrendered her to the Potters village Crisis Centre for temporaly care. - (c) Potters House Children's home takes care of abandoned or vulnerable children only up to the age of two years.
I am satisfied that **JOAN AKANSASIRA** deserves to be provided for under better conditions. She deserves to be brought up in a family set-up, religious or moral promoting conditions. She deserves provision for education. The courts in exercising the discretion to grant or not to grant guardianship the welfare of the child ought to be given paramount consideration. Welfare of a child is constituted among other things, provision of moral up bringing, right to education, medical care, parental love and a family set-up that gives the infant opportunity to appreciate decent life values as they grow-up.
I have considered the Christian set-up and family life of the Applicants as contained in the several documents filed in satisfied that the Applicants intentions as expressed in the Recommendations from their Church are genuine and I have no doubt that the Applicants are suitable and proper persons to be appointed guardians to **JOAN AKANSASIRA**, the infant.
The Applicants have made their intentions clear. They desire to obtain Legal guardianship of the infant to her a loving, secure up bringing as their own child. The applicants recommendations show that they suitable for this purpose. In view of the abov**e, BRADLEY KNIGHT** and **HOLLY KNIGHT** are hereby granted Legal Guardianship of **JOAN AKANSASIRA**, the infant.
Dated at Kabale this 25th day of September, 2012.
**.................................... J. W. KWESIGA JUDGE 25/9/2012**
## **In the presence of:**
Mr. Timothy Twikirize holding brief for Mr. Mugume for the Applicants.
Mr. Ndagije – Administrator Potters Village.
Mr. Joshua Musinguzi – Court Clerk.