[2011] UGHC 107

[2011] UGHC 107

The court found that the applicants, although now foreign nationals, are Ugandan by birth and descent, members of the Ganda tribe, and have maintained close familial and cultural ties. They have fostered the minors for over thirty-six months under the supervision of a probation and welfare officer, and have provided substantial financial and emotional support. The statutory requirements under section 46 of the Children’s Act (Cap. 59) were interpreted to exempt indigenous Ugandans from the three-year residency requirement, as they are already conversant with Ugandan social and cultural norms. The applicants' case was deemed exceptional due to their close blood relationship to the minors...

Citation
[2011] UGHC 107
Parties
Applicant: Nanfuka Harriet; Applicant: Abbey Kikonyogo; Respondent: Teddy Nakawesa; Respondent: Leticia Namanda; Respondent: Ben Katongole
Court
High Court of Uganda
Jurisdiction
Uganda
Judgment Date
2 August 2011
Case Number
Adoption Cause No. 164 of 2011
Procedural Posture
Adoption Cause / Final Order
Outcome
adoption and travel orders granted; costs awarded to applicants' counsel
Legal Topics
Intercountry Adoption, Foster Care Requirements, Best Interests of Child
Source Language
English
Family and Children Intercountry Adoption Foster Care Requirements Best Interests of Child

Case Brief

Summary, issues, holding and outcome

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Parties

Nanfuka Harriet

Applicant

Abbey Kikonyogo

Applicant

Teddy Nakawesa

Respondent

Leticia Namanda

Respondent

Ben Katongole

Respondent

Procedural Posture

Adoption Cause / Final Order

Legal Issues

  1. 1 Whether the applicants qualify for the grant of adoption and permission to travel with the minors to the USA.
  2. 2 Whether the statutory requirements under section 46 of the Children’s Act (Cap. 59) have been satisfied.
  3. 3 Whether the applicants, as foreign nationals but members of an indigenous Ugandan tribe, are exempt from the three-year residency requirement.

Ratio Decidendi

The court found that the applicants, although now foreign nationals, are Ugandan by birth and descent, members of the Ganda tribe, and have maintained close familial and cultural ties. They have fostered the minors for over thirty-six months under the supervision of a probation and welfare officer, and have provided substantial financial and emotional support. The statutory requirements under section 46 of the Children’s Act (Cap. 59) were interpreted to exempt indigenous Ugandans from the three-year residency requirement, as they are already conversant with Ugandan social and cultural norms. The applicants' case was deemed exceptional due to their close blood relationship to the minors...

Court Disposition

adoption and travel orders granted; costs awarded to applicants' counsel

Orders

  • An adoption order is granted in respect of Teddy Nakawesa, Leticia Namanda, and Ben Katongole to Nanfuka Harriet and Abbey Kikonyogo.
  • Permission is granted for the applicants to travel with the minors to the USA.