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Uganda decisions
Decisions matching the current search
Kasingye v Kasingye (Civil Appeal No. 096 of 2014) [2019] UGHCFD 3 (14 January 2019)
The High Court held that the trial magistrate wrongly granted divorce where the parties had pleaded judicial separation, and set aside the termination order.
Kasingye Vs Kasingye (CIVIL APPEAL NO. 096 OF 2014) [2019] UGHCCD 108 (14 January 2019)
The High Court found that the trial magistrate erred in granting a divorce when both parties only sought judicial separation in their pleadings and evidence. The magistrate improperly adopted issues raised in submissions rather than those framed at the scheduling conference, resulting in a miscarriage of justice. The evidence presented, particularly regarding cruelty and adultery, was not sufficiently corroborated to meet the higher standard of proof required under the Divorce Act. The DNA evidence proving the appellant was not the biological father of the youngest child was not given due wei…
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Francis Xavier Jawee V Cleophas Kabajwara Jawee (Civil Appeal No. 0010 of 2005) [2012] UGHC 400 (20 June 2012)
High Court appeal from a divorce decree. The court found the matrimonial offences had been condoned and substituted judicial separation for divorce.
Catherine Alak Aleku v Jackson Leku (Divorce Cause No. 8 of 2009) [2010] UGHC 23 (24 February 2010)
The High Court allowed an appeal in a divorce cause, granted judicial separation, and awarded monthly alimony after finding cruelty, adultery, and desertion proved.
Matovu v Matovu (Case No 0037 of 2003) [2004] UGHC 19 (28 June 2004)
The High Court allowed a custody appeal, emphasizing the child’s welfare, stability, and the need for reasons before disrupting long-standing residence.
Grafton v Grafton (Cause No. 30 of 1943) [1944] EACA 16 (1 January 1944)
The court found that the husband's allegations of cruelty, even when accepted as truthful and allowing for exaggeration, did not meet the legal threshold established in Russell v. Russell, which requires bodily harm, injury to health, or reasonable apprehension thereof. The medical evidence of acute anxiety was insufficient, as the parties had not cohabited for six months prior to the diagnosis, and there was no corroborative evidence of physical or mental injury directly attributable to the wife's conduct during cohabitation. The wife's petition for restitution of conjugal rights was also di…
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Souza v Souza (Civ. App. No. 23/1937) [1938] EACA 24 (1 January 1938)
The Court held that the attorney, as an advocate duly instructed by the petitioner, could properly be given leave to present and sign the petition regardless of the Power of Attorney. The defect in stamping the Power of Attorney was not fatal; subsequent stamping rendered the document admissible in evidence and validated prior proceedings. The relevant statutory provisions and case law support the proposition that retrospective stamping cures procedural defects except in cases where the statute expressly prohibits it, such as promissory notes. The Court further held that the costs order again…
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Nazareth v De Souza (Divorce Cause No. 7/1937) [1937] EACA 199 (1 January 1937)
The petition was irregular in form due to the improper joinder of a money claim with a prayer for judicial separation, but this did not render the petition a nullity. The foreign decree for judicial separation did not operate as res judicata, as its effect was limited to the territorial jurisdiction of the pronouncing court. The most serious defect was the unstamped Power of Attorney; proceedings instituted under it were a nullity, as the instrument was not duly stamped at the time of filing. Subsequent stamping did not retrospectively validate the proceedings. The officer receiving the petit…
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