Uganda Case Law

Thasi v Musumba

Thasi v Musumba (Civil Appeal 37 of 2023) [2024] UGHC 713 (12 July 2024)

Court

High Court of Uganda

Case number

Civil Appeal 37 of 2023

Judge

Mugabo, J

The High Court found that the property in Kisenyi Cell, Bundibugyo Town Council was not matrimonial property, as it was acquired solely by the respondent and there was no credible evidence of contribution by the appellant. The appellant failed to discharge her evidential burden to prove either direct or indirect contribution to the acquisition or development of the disputed property. The principles of sharing matrimonial property require proof of contribution, which was absent in this case. The trial magistrate was justified in ordering the appellant to give vacant possession of the property…

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• Dissolution Of Marriage
• Matrimonial Property Distribution
• Alimony Award
• Burden Of Proof
• Vacant Possession

Tako v Apika (Divorce Cause 94 of 2022)

Tako v Apika (Divorce Cause 94 of 2022) [2024] UGHCFD 27 (6 June 2024)

Court

HC: Family Division (Uganda)

Case number

Divorce Cause 94 of 2022

Judge

Kitariisibwa-Katunguka, J

The High Court upheld a preliminary objection and dismissed a divorce petition after finding the petitioner was not domiciled in Uganda when the petition was filed.

• Dissolution Of Marriage
• Domicile Requirement
• Matrimonial Property
• Jurisdictional Objection
• Divorce
• Domicile

Banzawihe v Iradukunda

Banzawihe v Iradukunda (Matrimonial Cause 76 of 2020) [2023] UGHCFD 127 (24 July 2023)

Court

HC: Family Division (Uganda)

Case number

Matrimonial Cause 76 of 2020

Judge

Katunguka Kitariisibwa, J

The High Court dissolved the marriage for desertion, rejected cruelty, upheld the marriage’s validity, and ordered child custody and maintenance arrangements.

• Divorce
• Child Custody
• Maintenance Of Children
• Matrimonial Property
• Dissolution Of Marriage
• Desertion

Musoke v Nakku

Musoke v Nakku (Civil Appeal 15 of 2019) [2023] UGHC 364 (9 May 2023)

Court

High Court of Uganda

Case number

Civil Appeal 15 of 2019

Judge

Katamba Nkwanga, J

The High Court upheld a 70/30 division of matrimonial property in Masaka, finding that both spouses contributed directly and indirectly to the Kirumba B property.

• Matrimonial Property Distribution
• Contribution To Property
• Dissolution Of Marriage
• Non Monetary Contribution
• Matrimonial-property
• Property-division

Namukasa v Kakondere (Divorce Cause No. 30 of 2010)

Namukasa v Kakondere (Divorce Cause No. 30 of 2010) [2015] UGHCFD 49 (10 April 2015)

Court

HC: Family Division (Uganda)

Case number

Divorce Cause No. 30 of 2010

Judge

Luswata, J

The court found that a valid customary marriage existed between the parties, established by a formal ceremony and payment of bride price. The respondent committed matrimonial offences including cruelty, desertion, and adultery, substantiated by unchallenged evidence of physical and psychological abuse, police reports, and criminal convictions. The marriage was irretrievably broken down and subject to dissolution under the Divorce Act, with all grounds equally available to both spouses. Custody of the four children was granted to the petitioner, who had been their sole provider since the respo…

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• Customary Marriage
• Matrimonial Property Distribution
• Child Custody
• Maintenance Orders
• Domestic Violence
• Dissolution Of Marriage

Namukasa v Kakondere (Divorce Cause 30 of 2010)

Namukasa v Kakondere (Divorce Cause 30 of 2010) [2015] UGHCFD 211 (10 April 2015)

Court

HC: Family Division (Uganda)

Case number

Divorce Cause 30 of 2010

Judge

Luswata, J

The High Court dissolved a customary marriage, granted custody to the mother, awarded child maintenance, and divided matrimonial property after finding cruelty and desertion.

• Customary Marriage
• Matrimonial Property
• Child Custody
• Maintenance Orders
• Domestic Violence
• Dissolution Of Marriage

Hough v Hough (Divorce Cause 1 of 2006)

Hough v Hough (Divorce Cause 1 of 2006) [2010] UGHC 234 (25 February 2010)

Court

High Court of Uganda

Case number

Divorce Cause 1 of 2006

Judge

Rugadya-Atwoki, J

Both parties acquired Ugandan domicile of choice, conferring jurisdiction on the High Court. The petitioner proved adultery and cruelty by the respondent, and the respondent proved cruelty by the petitioner, establishing irretrievable breakdown of the marriage. The pre nuptial agreement was valid and binding, governing the distribution of property and excluding the respondent from beneficial interest in properties acquired by the petitioner before and during marriage, except for jointly owned assets where the presumption of equal shares was rebutted by evidence of sole contribution. Claims fo…

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• Dissolution Of Marriage
• Pre Nuptial Agreements
• Division Of Property
• Adultery
• Cruelty
• Maintenance Claims

Johan Drecgembrcek v Kerin Coolen & Another (Divorce Cause 11 of 1992)

Johan Drecgembrcek v Kerin Coolen & Another (Divorce Cause 11 of 1992) [1992] UGHC 30 (22 October 1992)

Court

High Court of Uganda

Case number

Divorce Cause 11 of 1992

Judge

Kireju, J

The court found that the petitioner, a Belgian national, had acquired domicile of choice in Uganda through his residence, property ownership, intention to invest, and plans to apply for citizenship, thereby conferring jurisdiction to the High Court of Uganda to hear the petition. The evidence presented, including the respondent's admission of adultery and corroborating witness testimony of cohabitation and opportunity, was sufficient to establish adultery on the balance of probability. The respondent's failure to contest the allegations further supported the petitioner's case. The court held…

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• Dissolution Of Marriage
• Adultery
• Domicile Of Choice
• Jurisdiction Of Court

Nemezio Aiiya v Sabina Onziya Aiiya (Divorce Cause 8 of 1973)

Nemezio Aiiya v Sabina Onziya Aiiya (Divorce Cause 8 of 1973) [1974] UGHC 2 (6 September 1974)

Court

High Court of Uganda

Case number

Divorce Cause 8 of 1973

Judge

Kakooza, J

The court found that a valid Lugbara customary marriage existed between the parties, as evidenced by the ceremony, cohabitation, and substantial payment of dowry, with the bride's family waiving the balance. Adultery was established as the respondent conceived and bore a child while living apart from the petitioner, with no access by him during the relevant period. The court held there were no absolute or discretionary bars to granting the decree nisi, as there was no proof of cruelty, unreasonable delay, or desertion by the petitioner, nor conduct conducing the respondent's adultery. The cus…

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• Customary Marriage
• Dissolution Of Marriage
• Dowry Return
• Child Custody
• Maintenance Of Children
• Adultery

Beg v Begum and Another (Divorce Cause No. 1 of 1946)

Beg v Begum and Another (Divorce Cause No. 1 of 1946) [1946] EACA 74 (1 January 1946)

Court

East African Court of Appeal

Case number

Divorce Cause No. 1 of 1946

Judge

Thacker J

On a true construction of the Mohammedan Marriage, Divorce and Succession Ordinance, the right to petition for dissolution of a Mohammedan marriage is restricted to the parties to the marriage, namely the husband and wife. The statutory language in Section 3(1) and 3(2) specifically refers to 'the parties thereto' and 'either party to such marriages,' which excludes any other person, including a guardian or parent. The Court's jurisdiction to hear and determine matrimonial causes is therefore limited to suits instituted by the husband or wife. The inclusion of Section 3(3), which directs the…

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• Dissolution Of Marriage
• Mohammedan Law
• Jurisdiction Of Court