Agnes Mayanja v Brian Mugerwa (Misc. Appl. No. 140/94) [1994] UGHC 119 (21 October 1994)

Full Case Text

## THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

## MISC. APPL. NO. 140/94

IN THE MATTER OF BRIAN MUGERWA::::::::::::::::::INFANT

AND

IN THE MATTER OF AGNES MAYANJA::::::::::::::::::::::::::: **BEFORE:** THE HONOURABLE MR. JUSTICE I. MUKANZA.

## ORDER

This is an application by notice of motion brought under section 9 of the Judicature Act and order 48 Rules 1 and 2 of the civil procedure rules seeking for orders from this court that the applicant Agnes Mayanja be granted guardian of one Brian Mugerwa an infant and that the infants property described and known as leasehold register volume 2109 folio 2 plot 197 Kyaggwe Block: 190 Nasuti Estate Mukono District be registered into the names of the guardian/applicant.

The grounds for this application are contained in the affidavit of Agnes Mayanja deponed to in support of the application but they are generally that the applicant is the natural mother of the infant. She purchased the said land and registered the same in his names for the infants benefits. The applicant seeks to obtain credit from Sembule Investment Bank using the land as security. And that the credit facility sought from the bank is in/interest and for the purpose of the infants welfare.

In matters of this nature the interest of the infant is paramount. The property to which the applicant would like to secure a loan if she could get title is for the benefit of the infant and the credit department of Sembule Investment has expressed willingness to extend loan facilities to the applicant.

$...12.$

After considering the affidavit of the applicant coupled with the submission of Mr. Kasirye the learned counsel representing the applicant p am satisfied that this is a a proper case for appointing the applicant as a guardian of the said Brian Mayanja. The application is granted.

The applicant is hereby appointed as a guardian of the said Brian Mayanja an infant to manage the infants property described and known as leasehold Register Volume 2109 folio 2 plot 197 Kyaggwe Block 190 Nasuti Estate Mukono District and have the same registered in the name of the applicant/ guardian the said Agnes Mayanja.

And Sr I order.

21.1Q\* 1994: Mr. Kiggundu Mugerwa for the applicant.

Court order is read and signed in the chambers.

I. MUKOZA /; *(J* JUDGE 21.10.1994.