[2014] UGHCFD 38

[2014] UGHCFD 38

The continued detention of the two minors by the Uganda Police under an unrecognized witness protection scheme was illegal and unconstitutional, as it did not conform to the requirements of the Constitution or the Children Act. The guardianship order granted to the 2nd applicant by the Magistrate Grade 1 Kalangala...

Source-derived case information.

Citation
[2014] UGHCFD 38
Parties
Applicant: Roxane Turner; Applicant: Joyce Nalubowa; Respondent: Attorney General; Respondent: Inspector General of Police; Respondent: SIU Kireka Kampala (Olugu Francis); Respondent: Gloria Musiime
Court
HC: Family Division (Uganda)
Jurisdiction
Uganda
Judgment Date
3 July 2014
Case Number
Miscellaneous Cause No. 06 of 2014
Procedural Posture
Miscellaneous Cause / Ruling
Outcome
partly allowed
Judges
Tuhaise, J
Legal Topics
Habeas Corpus, Guardianship Orders, Child Custody, Jurisdiction of Magistrate, Unlawful Detention
Source Language
english
Family and Children Civil Procedure Habeas Corpus Guardianship Orders Child Custody Jurisdiction of Magistrate Unlawful Detention

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Parties

Roxane Turner

Applicant

Joyce Nalubowa

Applicant

Attorney General

Respondent

Inspector General of Police

Respondent

SIU Kireka Kampala (Olugu Francis)

Respondent

Gloria Musiime

Respondent

Procedural Posture

Miscellaneous Cause / Ruling

Legal Issues

  1. 1 Whether the continued detention of the two minors by the Uganda Police is illegal and unconstitutional.
  2. 2 Whether the guardianship order granted to the 2nd applicant by the Magistrate Grade 1 Kalangala Family and Children Court was lawful.
  3. 3 Whether the applicants are entitled to the care and custody of the two children.

Ratio Decidendi

The continued detention of the two minors by the Uganda Police under an unrecognized witness protection scheme was illegal and unconstitutional, as it did not conform to the requirements of the Constitution or the Children Act. The guardianship order granted to the 2nd applicant by the Magistrate Grade 1 Kalangala Family and Children Court was also unlawful, as the court lacked jurisdiction to grant guardianship to a non-Ugandan. The High Court, upon review of the relevant records and legal provisions, found that both the detention and the guardianship order were invalid. The children are to be released to their maternal grandmother, the closest known relative, and the guardianship orders...

Court Disposition

partly allowed

Orders

  • The legal guardianship orders granted to Roxane Turner by the Magistrate Grade 1 Kalangala Family and Children Court in respect of Aziza Mudondo and Rose Achipa are revoked.
  • The revoked guardianship orders should be surrendered to this court for cancellation.