In Re: Antony Owomugisha (An Infant) (HCT-00-FD-FC-0086-2009) ((An Infant)) [2009] UGHC 42 (22 July 2009);


Search Summary: 

The applicants are citizens of the United States
living at 732 Rea Place, 2D, Evanston, Illinois
60202, United States of America. They are
married. In this application they sought an order of
guardianship in respect of Antony Owomugisha, an
infant, The application was supported by affidavits
of the applicants and the Warden of Ibanda Babies

Headnote and Holding: 

Court held that the infant in this case was about
one year old. It was not possible to seek his views
on the matter. The child’s parent’s whereabouts
and details are unknown. Ibanda Babies Home
who had legal custody of the child support this
application. So does the Probation and Welfare
Officer for Mbarara. Care in an institution is only
intended to be temporary. The applicants were
willing to provide a loving and caring home within
which to raise this infant. In fact they are the only
ones who have made such an offer. The applicants
come well recommended.

No governmental support, be it local or central,
was available for the care and upkeep of children
in distress generally or specifically in the case of
this infant. Right now the infant is under the care of
a local non-governmental organisation. There is no
offer from Ugandans or non-Ugandans resident in
Uganda to adopt this child. It is imperative that his
stay in an institution be terminated as soon as
possible. I find therefore that exceptional
circumstances exist for an order to be made in
favour of non-citizens who are the only viable

Court was satisfied, on the information available
that it is in the best interests of Antony to allow this
application rather than refuse it.

Accordingly court appointed the applicants legal
guardians of the Antony Owomugisha.


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