Engineer Ephraim Turinawe & Anor V Molly Kyalikunda Turinawe & 4 Ors
Engineer Ephraim Turinawe & Anor V Molly Kyalikunda Turinawe & 4 Ors (Civil Appeal No. 18 of 2009) [2009] UGCA 49 (19 November 2009)
The Court of Appeal found that the affidavit relied upon to prove customary marriage was inadmissible under section 84 of the Evidence Act and section 67 of the Advocates Act. However, oral evidence established that the first appellant and first respondent were married under Kikiga custom. The Court held that the suit property, although registered in the first appellant's name, was paid for by Elizabeth Kabutiti, who acquired an equitable interest. The property did not become family property merely by registration in the appellant's name. The respondents were strangers to the contract between…
Source excerpt
- Customary Marriage
- Family Property
- Land Sale Consent
- Registration Of Titles
- Equitable Interest
- Contractual Breach