Uganda Case Law

Nyabayango v Kabasinguzi & Anor (High Court Civil Suit No. 121 of 2012)

Nyabayango v Kabasinguzi & Anor (High Court Civil Suit No. 121 of 2012) [2014] UGHCFD 37 (1 July 2014)

Court

HC: Family Division (Uganda)

Case number

High Court Civil Suit No. 121 of 2012

Judge

Tuhaise, J

The High Court overruled a preliminary objection, holding it could apply constitutional provisions, the plaint disclosed a cause of action, and the settlement clause did not bar suit.

• Restitution Of Conjugal Rights
• Seduction Of Spouse
• Cause Of Action
• Jurisdiction Of High Court
• Void Contracts
• Constitutional Rights In Marriage

Rwabinumi v Bahimbisomwe

Rwabinumi v Bahimbisomwe (Civil Appeal 10 of 2009) [2013] UGSC 22 (22 March 2013)

Court

Supreme Court of Uganda

Case number

Civil Appeal 10 of 2009

Judge

Odoki, CJ, J.W.N.Tsekooko, JSC, Katureebe, JSC, Tumwesigye, JSC, Kisaakye, JSC

The Supreme Court held that the Court of Appeal erred in law by pronouncing that all property individually owned prior to marriage automatically becomes joint property upon marriage and must be shared equally at divorce. The correct legal position is that only property to which a spouse has contributed, either directly or indirectly, is subject to division upon dissolution of marriage. The Constitution guarantees equality of spouses but does not abrogate the right to individual property ownership. The trial judge's division of property, which distinguished between individually owned and joint…

Source excerpt

• Division Of Matrimonial Property
• Contribution To Property Acquisition
• Constitutional Rights In Marriage
• Marriage Act Interpretation