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17 Jan 2020

Land And Property [2020] UGHCCD 27

Baryamureeba v Kabakonjo & 6 Others

Baryamureeba v Kabakonjo & 6 Others (CIVIL SUIT NO. 20 OF 2013) [2020] UGHCCD 27 (17 January 2020)

Court: HC: Civil Division (Uganda)
Case number: CIVIL SUIT NO. 20 OF 2013
Judge: Adonyo, J

The court found that there was no legally binding marriage between the plaintiff and the 1st defendant under Ugandan law, as neither statutory nor customary requirements were satisfied. However, the evidence, including a government DNA report, established that the 2nd to 7th defendants are the biological children of the plaintiff and the 1st defendant. The land in dispute was determined to be family land within the meaning of Section 38A of the Land Act, as it was the ordinary residence and source of sustenance for the family, and included burial grounds and family houses. Consequently, the p…

Source excerpt

Family Land Definition
Customary Marriage Validity
Paternity Dispute
Right To Dispose Property
Security Of Occupancy
Maintenance Of Elderly Parent

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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…