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Uganda decisions
Decisions matching the current search
Baugu v Nanyonga (Divorce Cause 111 of 2022) [2024] UGHCFD 36 (22 July 2024)
The High Court dismissed a divorce petition after finding the Maryland marriage was not recognized under Ugandan law and the petitioner had not proved domicile in Uganda.
Amongin v Ebenu (Civil Appeal 91 of 2023) [2024] UGHC 592 (3 July 2024)
The High Court upheld a Magistrate Grade 1 divorce ruling, holding that divorce jurisdiction under section 3 of the Divorce Act is not defeated by matrimonial property value alone.
Lukandwa v Sentamu (Civil Appeal 11 of 2020) [2024] UGHC 245 (30 April 2024)
The High Court allowed the appeal and set aside the divorce court’s judgment, holding that the magistrate lacked pecuniary jurisdiction over the property dispute.
Okoth v Bafirawala (Civil Appeal 13 of 2021) [2022] UGHCFD 24 (15 September 2022)
The High Court found that the Magistrate Grade One had jurisdiction to entertain Divorce Cause No. 17 of 2017 under section 3(1) of the Divorce Act since both parties are Africans, regardless of the value of the property in contention. The appellant's absence from subsequent hearings was deemed willful, and the trial Magistrate was justified in proceeding ex parte. The only evidence available was that of the petitioner, which was properly evaluated, as the appellant failed to present any evidence or substantiate her pleadings. The orders issued by the trial Magistrate were found to be just an…
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Emily Susanne Dyk Wissanja v Zahid Asafali Wissanja (HCT-00-FD-MC-0008-2009) (HCT-00-FD-MC-0008-2009) [2009] UGHC 34 (23 July 2009)
The High Court held that divorce cannot be referred to arbitration and dismissed the application to register the arbitrator’s award.
Newell v Newell (Civil Appeal No. 20 of 1955) [1955] EACA 298 (1 January 1955)
The Supreme Court lacked jurisdiction to entertain the petition for dissolution of marriage because the petition failed to plead and prove the petitioner's domicile in Kenya, a statutory prerequisite for jurisdiction under the Matrimonial Causes Ordinance. The omission was not merely procedural but fundamental, rendering the entire proceedings and decree a nullity. The appellate court declined to allow amendment of the petition or to remit the issue for determination, as such steps would improperly validate proceedings that were coram non judice and would introduce factual complications not r…
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Gurner v Hall (Divorce Cause No. 37 of 1955) [1955] EACA 223 (1 January 1955)
The court held that only the petitioner could seek abridgement of the decree nisi period, through summons and notice to the Queen’s Proctor, applying English practice in Kenya.
Sheppard v Sheppard and Another (Divorce Cause No. 35 of 1954) [1955] EACA 207 (1 January 1955)
The court refused to transfer a Kenyan divorce decree and ancillary costs order to Uganda for execution, holding the reciprocal enforcement statutes did not cover it.
Hedwig Hall v George Hall (Divorce Cause No. 3 of 1947 (Mombasa District Registry)) [1954] EACA 123 (1 January 1954)
The court adjourned a permanent-alimony application, ordering the respondent to file an affidavit of means after inadequate notice of hearing served outside the jurisdiction.
Bacho v Bolia (Civil Appeal No. 4 of 1946) [1946] EACA 12 (1 January 1946)
The East African Court of Appeal held that Article 17 of the Tanganyika Order in Council, 1920 did not confer jurisdiction to dissolve a Mohammedan marriage.
