In the matter of Okot Lawrence Ikeda & Beatrice Ikeda (Miscellaneous Cause 229 of 1993) [1994] UGHC 41 (7 February 1994)

Full Case Text

## THE REPUBLIC OF UGANDA

## Id THE HIGH COURT OF UGANDA AT KAMPALA

## MISC CAUSE HO. 229 OF 1993

In THE MATTER OF SECTION 9 OF JUDICATURE ACT 1967 ARD

IH 'THE MATTER OF OKOT I .. WHENCE IKEDA iUD BEATRICE IKEDA THE INFANT.

AuD

Iw THE MATTER OF AH APPLICATIOxi FOR ORDER OF LEGAL GUARDIANSHIP OF OKOT LA. VREBCE IKEDA A-D BEATRICE IKEDA THE I^FAuTS.

## BEFORE: THE HOn. MRS. JUSTICE M. KIREJU.

G R U L I

Procedure Rules. The applicant Mrs. Otto Rose Alobo, seeks legal guardianship of the infants Okot Lawrence Ikeda aged 12 years and Beatrice Ikeda aged 14 years. This application is brought by notice of Motion under S.9 of the Judicature Act and Or 48 rr 1 and J of the Civil

cause on 20.11.1993 at Malaga Hospital after a long illness. At the moment there is no person who has been legally appointed as the guardian of the said infanwg. The applicant who She is willing and is in a children. The grounds of the application are that the mother of the said infants Mr. Polina Akidi Ikeda died of a natural is an elder sister to the infants is currently resident and working in Stockholm,Sweden. position to be appointed the legal guardian of the eaid Mr. Kinyera p' Lodi appeared for the applicant. •

She stated that she is a Uganda. The application was supported by an affidavit.sworn by the applicant on 9.12.1993 sister to che children, their mother died on 20/11/93 in Mulago Hospital and the photocopy of 'che Medical Certificate of Cause of Death was at cached to che affidavit. Since the deach of the mother the children have became orphans as their father also died during insurgency in the north of

$2:$ That the children who are aged 12 years and 14 years have no one to look after them and no one has been appointed legal guardian of the childre.. She deponed that she was currently resident and working in Stockholm, Sweden and she is capable of looking after the children and undertakes to take good care of chem.

It is now trite law that the guiding principle in cases of guardiauship is the welfare of the child. Whavever decision is taken by court it must be in the interest of the child. In the present case the children are complete orphas as both parents are dead. They have a big sister who is willing to cater for their welfare and take good care of chem. The applicant is working and resident in Sweden and she plans to take the children to stay with her. There is no evidence that there is someone alse willing to take care of these children apart from the applicant/sister. I have also guided by the following authorities: Fatoom Bint Abdul Razal Mamda vs. Mabiha Binta Ahmed Mohamed Ibrahim 1957 EA 673: Misc. Appl. mo. 59 of 1989 Grace fumwebaze mamara and Mr. & Mrs. Guest Gysen.

From the above facts I am satisfied that it is in the interest and for the welfare of the children that this court doth order that the applicant Mrs. Otto Mose Alobo of Stockholm Sweden Backgardsragen 1 3 TR 14341 Varby, Sweden is 🗽 hereby appointed legal gurdian of the childre. Okot Lawrence Ikeda and Deatrice Ikeda until each one of them autains the age of majority or until further orders of whis court.

In order to exercise concrol over the legal guardian, I hereby make the following further orders:-

1. A report on the progress of the children should be submitted once a year to the Probation Welfare Office in Kampala, starting December, 1994 until the children attain majority of until further orders from this court.

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3- A.copy of this order should be se^o to the Probatioa/Walfare office Kampala. I so direct.

H.:'Kireju

J U D G E

7/2/94-