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22 May 2002

Family And Children [2002] UGHCFD 1

Iwolit v Imwamit (HCT-04-CV-CA-0018/2001)

Iwolit v Imwamit (HCT-04-CV-CA-0018/2001) [2002] UGHCFD 1 (22 May 2002)

Court: HC: Family Division (Uganda)
Case number: HCT-04-CV-CA-0018/2001
Judge: Mwondha, J

The appeal was dismissed because the appellant failed to prove the existence of a valid customary marriage to the required legal standard, as there was no certificate of marriage and inconsistencies in the evidence regarding dowry payment. Furthermore, the allegation of adultery was not proved to the requisite standard, lacking specific details, corroboration, and the necessary joinder of the alleged co-respondent. The omission to join the co-respondent without leave of court was a fatal procedural irregularity. The lower court's findings were upheld as the appellant did not discharge the bur…

Source excerpt

Customary Marriage Validity
Adultery Standard Of Proof
Joinder Of Co Respondent
Evidence In Divorce Petitions

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1 Jan 1954

Family And Children [1954] EACA 125

Daws v Mackenzie Daws (Divorce Cause No. 12 of 1954)

Daws v Mackenzie Daws (Divorce Cause No. 12 of 1954) [1954] EACA 125 (1 January 1954)

Court: East African Court of Appeal
Case number: Divorce Cause No. 12 of 1954
Judge: Cram J

The court held that the statutory standard of proof under section 9 of the Matrimonial Causes Ordinance requires the court to be 'satisfied' on the evidence that adultery occurred, which is stricter than a mere balance of probabilities but does not reach the criminal standard of proof beyond reasonable doubt. The court reviewed English authorities and found that, while ancient ecclesiastical law demanded exacting standards due to the quasi-criminal nature of adultery, the current statutory language does not require such a high threshold. The evidence presented by the petitioner, including the…