Kirabo & Anor v Namuganga (MISCELLANEOUS. APPLICATION No. 229 OF 2017) [2017] UGHCCD 209 (8 August 2017)

## THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT JINJA

**MISCELLANEOUS APPLICATION No. 229 OF 2017** (Arising From Miscellaneous Cause No. 20 Of 2016) (Arising From Civil Suit No. 104 Of 2016)

### 1. KIRABO ANNET 2. BUSINGYE KELLEN **APPLICANTS**

#### **VERSUS**

## 1. NAMUGANGA MILLIAN KAYAGA 2. ANDREW SSONKO

**RESPONDENTS**

# **BEFORE: HON. JUSTICE MICHAEL ELUBU RULING**

I have listened to the application for a certificate of urgency to have this matter heard during the pendency of the long court vacation for 2017.

Under Rules 3 and 4 of The Judicature (Court Vacation) Rules S.1 $13 - 20$ a presiding Judge may hear such civil business which in his opinion is of an urgent nature.

The instant application relates to a matter determining the welfare of a number of minors. The longer it remains unresolved, then the longer their welfare is jeopardised.

Under S.3 of The Children's Act, the welfare principle shall be the paramount consideration when handling, among others, matters relating to the upbringing of a child.

The court is also under a duty to be mindful of time when dealing with matters touching children (see 4<sup>th</sup> Schedule Clause 4 of **The Children Act Cap 59.**)

For the above reason I am satisfied that the urgent need has been established and Jinja M. C. No 20/2011 shall be heard during the pendency of this court vacation.

Application is allowed.

**MICHAEL ELUBU JUDGE** 8/8/2017