In the case of in the matter of an application by Wandera (Family and Children Cause No. 0004 of 2017).
Before the Family Court: Guardianship with the management of the child’s property, the applicant must meet additional requirements. He should be capable of taking control over the child’s real and personal estate and make decisions in the best interests of the child. His interests should not be averse to those of the child, in the estate for which he proposes to act as the manager. He should be able to keep the property of the child safely. He must be capable of not permitting any unnecessary waste or destruction of the real property, nor make any sale of such property without the order of the Court. Still, He must so far as it is in his power, maintain the same, with its buildings and appurtenances, out of the income or other property of the estate, and deliver it to the child or the successors of the child at the close of his guardianship, in as good condition as he received it.
The above was part of the holding in the matter of an application by Wandera (Family and Children Cause No. 0004 of 2017). The evidence supporting this application was that; Mr. Wandera Peter was an ordinarily resident within Arua Municipality where he is employed in the service of “Face Technology”. He was married to one Ninsiima Roserin and had since become the biological parents of Aidah Annette Nabwire, aged four years old, and three others. Aidah Annette Nabwire, was the registered proprietor of land which they had developed on which they desired to have utility supplies extended but were advised by the utility service providers that this cannot be done until the property is registered in their names or upon the appointment of the applicant as guardian of the registered proprietor, hence this application.
In the determination of the suitability of an applicant for guardianship of a child, Court is guided by sections 3 and 4 of The Children Act. These provisions require the Court to be guided by the welfare principle and best interest of the child. In applying that principle, the Court will consider the relationship between the child and potential legal guardian, whether the applicant is the child’s preference, whether the applicant is in position to provide the best stability and continuous care for the child, he or she can best fulfil the child’s needs, the moral character, fitness, and conduct of the potential guardian. The Court will look at what is in the best interest of the child to make sure the child is raised in a safe, stable, and loving environment. A legal guardian can care for a child when the parents are unable to. A guardianship order ought to be motivated by the overriding requirements pertaining to the child’s best interests.
Justice Stephen Mubiru held therefore that, the subject of the application is too young to ascertain her wishes and feelings to be relevant. I have found that there is no apparent conflict of interest between the applicant and the child. The applicant has already demonstrated by caring for her that he is capable of putting her needs before his own needs. I find that the applicant is an adult of sound mind, and has a genuine interest in his child’s welfare, he is physically able to fulfil the responsibilities of a guardian, will be able to handle the physical demands of raising her, has enough time to care for the child, is not likely to exploit or abuse her and can afford to raise her through his income. I have considered the fact that he is the biological father of the child and that he now cares for her and the child is entirely dependent on the applicant in all her humanly needs. I am unable to find any adverse interests between the applicant and the child. I have no reason to doubt the applicant’s ability to prevent the potential abuse, neglect and exploitation of the child, to take control over her real and personal estate, her welfare, and to make decisions in the best interests of the child.
I accordingly hereby appoint Mr. Wandera Peter, ordinarily resident in Arua Municipality as well as in Guru Ward, Central Division, Mukono Municipality, as the legal guardian of his biological daughter, Aidah Annette Nabwire, of the same address.