Uganda Case Law

Agaba v Nabweteme

Agaba v Nabweteme (Civil Appeal 32 of 2022) [2023] UGHCFD 186 (28 September 2023)

Court

HC: Family Division (Uganda)

Case number

Civil Appeal 32 of 2022

Judge

Komuhangi, J

The High Court found that the Magistrate's Court had jurisdiction to entertain the divorce petition between the parties, both Africans, even though the value of the matrimonial property exceeded the statutory pecuniary limit for civil matters. The Trial Magistrate erred in declining jurisdiction based solely on the value of the property, especially since ownership was disputed and the property was registered to a third party. However, given the Respondent's early and consistent challenge to jurisdiction and refusal to submit to the Magistrate's Court, it was not appropriate to remit the matte…

Source excerpt

• Divorce Petition
• Matrimonial Property
• Pecuniary Jurisdiction
• Cross Petition
• Custody Of Child

Katusabe v Kaboyo

Katusabe v Kaboyo (Civil Appeal 7 of 2021) [2023] UGHCFD 19 (31 March 2023)

Court

HC: Family Division (Uganda)

Case number

Civil Appeal 7 of 2021

Judge

Mugabo, J

The High Court dismissed a divorce appeal, holding that the appellant failed to prove adultery, desertion, cruelty, or entitlement to property distribution.

• Divorce Petition
• Custody Of Child
• Matrimonial Property Distribution
• Grounds For Divorce
• Standard Of Proof
• Costs Award

Paul v Paul

Paul v Paul (Cause No. 41 of 1946) [1947] EACA 83 (1 January 1947)

Court

East African Court of Appeal

Case number

Cause No. 41 of 1946

Judges

Thacker, Ag. C.J

The court held that brief periods of living under one roof did not amount to condonation or resumption of cohabitation, and granted a decree nisi for desertion.

• Desertion
• Condonation
• Cohabitation
• Matrimonial Causes
• Custody Of Child
• Divorce

Morrice v Morrice and Another (Divorce Cause No. 4 of 1942)

Morrice v Morrice and Another (Divorce Cause No. 4 of 1942) [1942] EACA 23 (1 January 1942)

Court

East African Court of Appeal

Case number

Divorce Cause No. 4 of 1942

Judge

Lucie-Smith, J. (Kenya)

The court granted a special order abridging the six-month wait for decree absolute in a divorce cause, relying on the applicant’s illness and the child’s welfare.

• Dissolution Of Marriage
• Decree Nisi
• Decree Absolute
• Abridgement Of Time
• Custody Of Child
• Ill Health Of Applicant