In the Matter of An application for adoption orders by Birungi and Another (Miscellaneous Application No. 11 of 1992) [1993] UGHC 96 (26 February 1993)

Full Case Text

THE REPUBLIC OF UGANDA

IN THE HIGH COURT 01 UGANDA

## AT KAMPALA

MISCELLANEOUS APPLICATION NO. 11 OF 1992

IN THE MATTER OF THE ADOPTION OF CHILDREN ACT CAP. 216

AND

IN THE MATTER OF VICTORIA BIRUNGI,

AND

IN THE MATTER OF RICHARD K. KIRUNGI, AN INFANT

BEFORE: THE HON. MRJUSTICE I. MUKANZA\*

## .0 R D -L R - /—.

This adoption petition was filed by one V.-ictnria ai-miixtri. herein after referred to as the petitioner. It was in respect of Richard Kirungi. The petit!) oiici\* represented by Mr. Kirenga -of Messers Kirenga and Ndor.creho Advocates and Solicitors\* The petition was supported by affidavit deponed to by the petitioner.

According to the affidavit and submissions of the learned Counsel the petitioner was a married woman«./\t the time of this petition had separated from her husband and they had one issue of their marriage one called Ivan. The latter and the infant Richard Kirungi had been living together happily. The said Richard Kirungi was the son of the petitioners brother one Peter Byaruhanga who passed away on the 15th day of April 1992 in England and before his death he had the custody of the infant. The petitioner was aged , The mother of Richard • ould not give the necessary consent becaus e he had abandoned '• vus. aged 2 years and had n.cver contributed to the support of the said infant and her whey cabouts were not 'known. The petitioner felt world like th;, s^iid infant..../2

co benefit from her rights and privileges since he has been accepted in her family without discrim?nation• She was possessed of the means to maintain, educate and take care of the infant's needs. The petitioner is a resident at Makerere in Kampala Uganda and is a citizen of Uganda. The said Richard is of the ms le sex, unmarried ,anrtorphan- of the late Peter Byaruhanga the deceased and is a citizen of Uganda aged 12 years of age. The in fonts resides at Makerere and under the guardianship/custody of the petitioner and was not entitled to any of his property at the time of the petition.

> Under section 4(1) of the referred to Act Supra:- An adoption order shall not be made in respect of an infant unless the orfer t or in the case of a joint applicants.

- (a) has attained the age of 21 years and is at least 21 yeaxS older than the infant or - (b) has attained the ago of 21 years and is a relative of the infant or

In the instant case the applicant is aged ?8 years and since the infant; is aged 12 years the- applicant is 25 years older tljan the infant and is an aunt to the .infant therefore an adoption order could be issued in her fs.vour.

And under section.5 of the Adoption of -the children Act tne Court before making an adoption order' s'ha'. Ll be satisfied

- (a) That every person whose consent is necessary more so in the case of parents had i «eerx conceded £nd consented, - (b) that the adoption order if made\* will be for the . welfare of the infant ,Jfie cjms.idjfeeing'' for the purpose given to the wi.sh es of the infant having regard to the age and un dex'standing of the infant and .♦..../?

(c) that the applicant has not received or agreed to receive end that no person has made or given-1 or hgreed to make tor give to the Petitioner/Applicant any payment or other consedoration of the adoption except such as the court may sanction.

In the instant petition t' o parents of the infant could Qot be contacted and secure their consent to adopt the infant as required by the Act because the father o-f the infant is dead and the' mother's whereabouts were not known J Since the applicant/ petitioner and the infant are both Uganda citizen resident at Makerere, Kampala Uganda, the infant was living and continues living with the petitioner who is a Stenographer/Secretary by profession thereforethe latter has..the means to cater^fpr the infant has been living with Ivan a Child of the said petitioner/applicant. It is therefore for the welfare of the infant that it continues living with the petitener. In addition there is already evidence on record that the infant was not entitled to any property at the time of the said petition.

From fthat has transpired above satisfi-ed that this is a proper petition for an adoption order. It is therefore that the infant Richard K. Kirungi be adopted by the petitioner and so I order.

> MUKANZA J UP G E 26. 2. 03

Mr. Kirenga for the petitioner present Ruling is read and signed

> -i 1 I. MUKANZA JU D G E 26. 2. 93