Uganda Case Law

Nanjeho v Adiga

Nanjeho v Adiga (Civil Appeal 54 of 2023) [2024] UGHCFD 75 (28 October 2024)

Court

HC: Family Division (Uganda)

Case number

Civil Appeal 54 of 2023

Judge

Nagawa, J

The court found that the Appellant was afforded a fair hearing in the lower court, with opportunities to present evidence and call witnesses, and no procedural injustice was established. The trial Magistrate's decision to refer custody and maintenance issues to the country of residence was upheld as practical and legally sound, given both parties reside outside Uganda and enforcement of Ugandan orders would be impractical without reciprocal arrangements. The Magistrate erred in addressing the issue of matrimonial property, as the value exceeded the court's jurisdiction; however, the Appellant…

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• Divorce Proceedings
• Custody Of Children
• Matrimonial Property
• Alimony
• Jurisdiction Of Magistrate
• Fair Hearing

Twijukye v Tugumisirize (Divorce Cause 28 of 2021)

Twijukye v Tugumisirize (Divorce Cause 28 of 2021) [2023] UGHCFD 139 (17 November 2023)

Court

HC: Family Division (Uganda)

Case number

Divorce Cause 28 of 2021

Judge

Nagawa, J

The court found that the Petitioner was guilty of cruelty towards the Respondent, as his conduct, including abandonment and psychological mistreatment, met the threshold for cruelty under Ugandan law. The evidence established that the marriage had irretrievably broken down, with both parties living separately and reconciliation attempts having failed. The court held that denial of conjugal rights and psychological torture constitute cruelty, referencing relevant case law. On custody, the court applied the welfare principle, granting joint custody of the minor child to both parents, as the old…

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• Divorce
• Matrimonial Offences
• Child Custody
• Child Maintenance
• Matrimonial Property
• Alimony

Kyzyma v Okello (Divorce Cause 79 of 2022)

Kyzyma v Okello (Divorce Cause 79 of 2022) [2023] UGHCFD 119 (28 July 2023)

Court

HC: Family Division (Uganda)

Case number

Divorce Cause 79 of 2022

Judge

Katunguka Kitariisibwa, J

The court found that the petitioner was domiciled in Uganda and that the marriage was valid. The grounds for divorce—desertion, adultery, and cruelty—were established by the petitioner's evidence, including documentary proof and unchallenged testimony. The respondent's failure to file a defence or appear in court resulted in the facts being deemed conceded. The court held that the land in question was not matrimonial property due to lack of evidence of joint contribution or title. Regarding custody, the court applied the principle of the child's welfare as paramount, granting joint legal cust…

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• Divorce
• Custody Of Children
• Maintenance
• Alimony
• Matrimonial Property

Muhangi v Karungi

Muhangi v Karungi (Matrimonial Cause 22 of 2022) [2023] UGHCFD 92 (29 May 2023)

Court

HC: Family Division (Uganda)

Case number

Matrimonial Cause 22 of 2022

Judge

Katunguka Kitariisibwa, J

The High Court granted the mother physical custody of the child, joint legal custody to both parents, visitation for the father, and monthly maintenance orders.

• Child Custody
• Child Maintenance
• Alimony
• Visitation Rights
• Welfare Of Child
• Child-custody

Katwesige v Ramayub (Divorce Cause 112 of 2018)

Katwesige v Ramayub (Divorce Cause 112 of 2018) [2022] UGHCFD 21 (8 September 2022)

Court

HC: Family Division (Uganda)

Case number

Divorce Cause 112 of 2018

Judge

Komuhangi, J

The High Court dissolved the marriage of Lillian Katwesige and Ramayub K. Sentam, finding cruelty and adultery proved but not desertion.

• Divorce
• Custody Of Children
• Matrimonial Property
• Maintenance Of Children
• Alimony
• Distribution Of Property

Catherine Alak Aleku v Jackson Leku (Divorce Cause No. 8 of 2009)

Catherine Alak Aleku v Jackson Leku (Divorce Cause No. 8 of 2009) [2010] UGHC 23 (24 February 2010)

Court

High Court of Uganda

Case number

Divorce Cause No. 8 of 2009

Judge

Mwondha, J

The High Court allowed an appeal in a divorce cause, granted judicial separation, and awarded monthly alimony after finding cruelty, adultery, and desertion proved.

• Judicial Separation
• Cruelty
• Adultery
• Desertion
• Alimony
• Division Of Property

Olango Proscovia v Robin Meaton

Olango Proscovia v Robin Meaton (Civil Suit No. 1 Of 2008) (Civil Suit No. 1 of 2008) [2008] UGHC 112 (20 November 2008)

Court

High Court of Uganda

Case number

Civil Suit No. 1 of 2008

The High Court of Uganda at Gulu dissolved the marriage between Olango Proscovia and Robin Maeton, approved a property settlement, denied alimony, and issued mutual restraining orders.

• Marriage Annulment
• Matrimonial Property
• Alimony
• Restraining Orders
• Marriage-annulment
• Matrimonial-property

Ajanta Kethan Thakkar v Kethan Thakkar (DIVORCE CAUSE NO.3 OF 2002. ) (DIVORCE CAUSE NO.3 of 2002.)

Ajanta Kethan Thakkar v Kethan Thakkar (DIVORCE CAUSE NO.3 OF 2002. ) (DIVORCE CAUSE NO.3 of 2002.) [2003] UGHC 45 (26 June 2003)

Court

High Court of Uganda

Case number

DIVORCE CAUSE NO.3 of 2002.

The court found that the petitioner had proved, on a balance of probabilities, that the respondent changed his religion from Hinduism to Christianity and committed adultery with Anne Piribiri. The respondent did not contest these allegations. The court held that conversion and adultery are valid grounds for divorce under the Hindu Marriage and Divorce Act and the Divorce Act, as modified by the Constitution to ensure gender equality. The court also found that the welfare of the child would best be served by granting custody to the petitioner, and ordered the respondent to pay maintenance and…

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• Divorce
• Custody Of Children
• Alimony
• Adultery
• Religious Conversion
• Maintenance

Kintu v Kintu (Divorce Appeal No 135 of 1997)

Kintu v Kintu (Divorce Appeal No 135 of 1997) [2001] UGHC 46 (20 August 2001)

Court

High Court of Uganda

Case number

Divorce Appeal No 135 of 1997

Judge

Bossa, J

The court found that a valid marriage existed between the parties under Banyoro customary law, based on credible evidence of a marriage ceremony, cohabitation, and recognition by the families. Non-registration of the marriage did not invalidate it or bar the respondent from seeking relief. The petition was properly brought under the Customary Marriage (Registration) Decree, not the Divorce Act. Grounds for divorce such as adultery, cruelty, and desertion were recognized under the relevant custom and were sufficiently proved by the petitioner. The respondent's evidence was found to be contradi…

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• Customary Marriage
• Matrimonial Property
• Alimony
• Grounds For Divorce
• Jurisdiction Of Magistrate
• Pleadings And Evidence

Ker v Ker (Divorce Cause No. 25 of 1942)

Ker v Ker (Divorce Cause No. 25 of 1942) [1942] EACA 20 (1 January 1942)

Court

East African Court of Appeal

Case number

Divorce Cause No. 25 of 1942

Judge

Lucie-Smith, J. (Kenya)

The court granted a decree nisi in a divorce cause, finding misconduct by the respondent and exercising discretion in the petitioner’s favour.

• Divorce
• Dissolution Of Marriage
• Alimony
• Judicial Discretion
• Judicial-discretion
• Family-law