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Uganda decisions
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Kawongolo Kataswa v Claudine Uwineza (Divorce Cause 3 of 2022) [2025] UGHC 513 (14 July 2025)
The High Court of Uganda dissolved a marriage on grounds of desertion and adultery, granted custody of three children to the petitioner, and allowed the respondent visitation.
Kaburura Mahad v Nakitende Edita (Civil Appeal 26 of 2023) [2025] UGHCFD 41 (4 July 2025)
The appellate court found that the trial Magistrate erred in classifying property solely acquired by the appellant as matrimonial property without sufficient evidence of joint contribution by the respondent. The sale of the matrimonial home was declared null and void for lack of spousal consent, and the proceeds used to purchase other land could not be apportioned as matrimonial property. The division of the matrimonial home was adjusted to grant the appellant 60% and the respondent 40% of its value, effective after the last child completes education, reflecting the respondent's indirect cont…
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Ssenyonga Ashra v Ssemuwemba James (Miscellaneous Application 2558 of 2024) [2025] UGHCFD 49 (27 June 2025)
The High Court varied a divorce consent judgment to grant joint custody, order equal child support, and divide the matrimonial home equally.
Nanjeho v Adiga (Civil Appeal 54 of 2023) [2024] UGHCFD 75 (28 October 2024)
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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Burua v Burua (Divorce Cause 93 of 2019) [2024] UGHCFD 56 (17 September 2024)
The High Court of Uganda dissolved a marriage on grounds of cruelty and desertion, ordered joint custody with primary care to the petitioner, and divided DFCU shares equally.
Mukulu v Mukwaba (Divorce Cause 16 of 2021) [2024] UGHCFD 14 (18 March 2024)
The High Court dissolved a marriage on proved adultery and cruelty, granted the petitioner primary custody, ordered child maintenance, and shared matrimonial property equally.
Isabelle v Nshaija (HCT-05-CV-DC 2 of 2021) [2023] UGHC 54 (31 August 2023)
The High Court of Uganda dissolved the marriage for cruelty, granted custody of the children to the petitioner, and awarded her the cattle in dispute.
Kyzyma v Okello (Divorce Cause 79 of 2022) [2023] UGHCFD 119 (28 July 2023)
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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Ndagire v Kasule Sitya (Divorce Cause 96 of 2019) [2023] UGHCFD 11 (8 May 2023)
The court found that the Respondent was cruel and adulterous during the marriage, corroborated by witness testimony and the Petitioner’s evidence. These grounds are sufficient for dissolution under the Divorce Act as interpreted by the Constitutional Court. The Respondent failed to prove that the Petitioner caused his desertion; rather, his conduct made the Petitioner feel unsafe, amounting to constructive and actual desertion. Regarding property, only the Kawempe matrimonial home qualifies for sharing, as the Petitioner did not prove contribution to other assets. Custody of the minor childre…
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Kabugho v Kyakabale (Miscellaneous Application No. 54 of 2022) [2023] UGHC 8 (10 January 2023)
The court found that the applicant was prevented from attending the hearing on 4th May 2021 due to illness, as substantiated by medical records, and that there was no evidence of negligence or inaction. The application for reinstatement was filed promptly after her discharge, indicating diligence and bona fide intent. The absence of opposition from the respondent and the interest of justice warranted setting aside the dismissal order. The court exercised its discretion judiciously, holding that sufficient cause had been established for reinstatement of the suit.
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