Court ruled that the welfare principle is the
paramount consideration when making
decisions concerning children. The court has

regard to the ascertainable wishes and
feelings of the child concerned considered in
light of his/her age and understanding; the
child’s physical, emotional and educational
needs; the likely effect of any changes in the
child’s circumstances; the child’s age, sex,
background and any other circumstances
relevant in the matter; any harm that the child
has suffered or is at the risk of suffering; and
where relevant, the capacity of the child’s
parents, guardians or others involved in the
care of the child in meeting his/her needs.

In this case, evidence showed that the two
children are total orphans having lost both
parents. The petitioners initially sponsored
their education in addition to availing them
basic necessities. Eventually they took actual
custody of the two children, first through a
Care Order, and later a Guardianship Order..
The applicants and the two children live as a
family in their three bedroom house in
Mutungo, Nakawa, together with the
applicants’ other children. They have been
staying with the two children for the last four
years.

The court accordingly held that the
foregoing circumstances were exceptional
circumstances meriting the grant of the
application of adopting the two children.