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Kawongolo Kataswa v Claudine Uwineza (Divorce Cause 3 of 2022) [2025] UGHC 513 (14 July 2025)
- Citation
- [2025] UGHC 513
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- High Court of Uganda
- Panel
- Gidudu, J
- Case number
- Divorce Cause 3 of 2022
- Language
- English
More details
- Court
- High Court of Uganda
- Panel
- Gidudu, J
- Case number
- Divorce Cause 3 of 2022
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the petitioner had proved the grounds for dissolution of marriage by establishing that the respondent deserted the matrimonial home and committed adultery, as admitted by the respondent herself. There was no evidence of connivance or condonation by the petitioner. The respondent did not contest the petitioner's claim for custody of the children and only sought visitation rights. The court determined that it was in the best interests of the children for the petitioner to have custody, with the respondent granted reasonable visitation, including taking the children during holidays provided she is not cohabiting with another man. The court declined to make maintenance orders against the respondent, finding them irrelevant given her circumstances, and ordered that the petitioner should maintain the children. No order as to costs was made due to the family nature of the dispute.
Court disposition
petition granted
Orders
- A decree nisi is granted for dissolution of the marriage.
- The petitioner shall have custody of the three children.
- The respondent shall have visiting rights to see the children and may take them to her place of abode for at least two weeks during holidays, provided she is not staying with another man.
- No order as to costs.
- Orders of maintenance are declined.
- The petitioner shall look after and maintain his children.
02
Material facts
Parties
Kawongolo Kataswa
PetitionerClaudine Uwineza
Respondent03
Procedural history
Posture
Divorce Cause / Judgment
04
Questions and positions
Legal issues
- 01
Whether the petitioner has proved grounds for dissolution of marriage based on desertion and adultery.
- 02
Whether the petitioner is entitled to custody of the children.
- 03
Whether the respondent should be granted visitation rights.
- 04
Whether maintenance orders are appropriate in the circumstances.
Party arguments
- Applicant
- The petitioner argued that the respondent deserted the matrimonial home and committed adultery, resulting in a child with another man. He denied any connivance or condonation of the respondent's acts and sought dissolution of the marriage, custody of the children, maintenance by the respondent, and costs.
- Respondent
- The respondent admitted to desertion and adultery, stating she never loved the petitioner and only stayed in the marriage due to lack of accommodation. She did not contest custody but requested visitation rights, especially during holidays, and explained her current living situation and means of livelihood.
05
Court’s reasoning
Legal principles
- 01
Divorce Act, Cap 249, Sections 4 and 10
A marriage may be dissolved on proof of adultery or desertion by one party, provided there is no connivance or condonation by the petitioner.
- 02
Children Act, Cap 59, Section 3
Custody of children is determined based on the best interests of the child, considering the circumstances of both parents.
- 03
Children Act, Cap 59, Section 5
Visitation rights may be granted to the non-custodial parent unless it is contrary to the welfare of the children.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the petitioner had proved the grounds for dissolution of marriage by establishing that the respondent deserted the matrimonial home and committed adultery, as admitted by the respondent herself. There was no evidence of connivance or condonation by the petitioner. The respondent did not contest the petitioner's claim for custody of the children and only sought visitation rights. The court determined that it was in the best interests of the children for the petitioner to have custody, with the respondent granted reasonable visitation, including taking the children during holidays provided she is not cohabiting with another man. The court declined to make maintenance orders against the respondent, finding them irrelevant given her circumstances, and ordered that the petitioner should maintain the children. No order as to costs was made due to the family nature of the dispute.
Obiter and limits
- Maintenance orders were declined as the respondent's financial situation made them irrelevant.
- No order as to costs was made, recognizing the sensitive nature of family disputes.
Court disposition
petition granted
- A decree nisi is granted for dissolution of the marriage.
- The petitioner shall have custody of the three children.
- The respondent shall have visiting rights to see the children and may take them to her place of abode for at least two weeks during holidays, provided she is not staying with another man.
- No order as to costs.
- Orders of maintenance are declined.
- The petitioner shall look after and maintain his children.
Source and reliance status
High Court of Uganda
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
High Court of Uganda
Judgment
THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA
HOLDEN AT JINJA
DIVORCE CAUSE 3 OF 2022
KAWONGOLO KATASWA """"""""" PETITIONER
VRS
CLAUDINE UWINEZA ………………………………………………………………………………………………
BEFORE: GIDUDU, J
JUDGMENT.
The petitioner and respondent got married on 14<sup>th</sup> May 2011 at kingdom Hall of Jehovah's witnesses in Jinja. A marriage certificate and photographs of the ceremony were attached and admitted as
During the marriage, they had three issues namely, Kataswa Jeremiah, Kataswa Nehemiah and Kataswa Shelemiah now aged 13, 11 and 9 respectively.
On 3/12/2018 the respondent deserted the petitioner's home and lived independently. She also committed acts of adultery and as a result has a child aged one and half years from another man.
In 2022, the petitioner filed for divorce for the dissolution of the marriage on grounds of desertion and adultery.
The petitioner contends that there is no connivance and did not condone the acts of the respondent.
The respondent was served with the petition on $14/7/2022$ . She did not file a reply. Later on $6/6/2025$ she was served with a hearing notice. She appeared at the hearing. She admitted to acts of desertion and adultery contending that she never loved the
> All Certify that this is a true Copy of the Original
> > 1 i jul 2025
Assistant Registrar JINJA
petitioner but was in that union for lack of accommodation and
The petition is proved by the admission of the allegations by the respondent. She has a child out of her adulterous acts. There is no evidence of connivance between the two. There is no evidence that the petitioner condoned in the adultery.
The petitioner prayed for a decree nisi, custody of the children and maintenance of the children by the respondent plus costs. The respondent did not contest custody of the children by the petitioner but asked for visitation rights especially taking them in during holidays. She stated she was in her home and is not staying with any man. She sells vegetables and charcoal to survive.
$\boldsymbol{I}$ have reviewed the statements in the petition and having listened to the respondent. the court is satisfied that the petitioner has proved his case and I make the following orders: -
- (a) A *decree nisi* is granted for *dissolution* of the marriage. - (b) The petitioner shall have custody of the three children. - $\overline{c}$ (c) The respondent shall have visiting rights to see the children and during holidays may take them to her place of abode for at least two weeks provided she is not staying with another man - (d)No order as to costs since this is a family matter. - (e) Orders of maintenance have no relevance and are declined. - (f) The petitioner shall look after and maintain his children.
Ġidudu Lawrence 14<sup>th</sup> July 2025. JUDGE
$\mathsf{2}$
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