Uganda Case Law

Rwabinumi v Bahimbisomwe

Rwabinumi v Bahimbisomwe (Civil Appeal 10 of 2009) [2013] UGSC 22 (22 March 2013)

Court

Supreme Court of Uganda

Case number

Civil Appeal 10 of 2009

Judge

Odoki, CJ, J.W.N.Tsekooko, JSC, Katureebe, JSC, Tumwesigye, JSC, Kisaakye, JSC

The Supreme Court held that the Court of Appeal erred in law by pronouncing that all property individually owned prior to marriage automatically becomes joint property upon marriage and must be shared equally at divorce. The correct legal position is that only property to which a spouse has contributed, either directly or indirectly, is subject to division upon dissolution of marriage. The Constitution guarantees equality of spouses but does not abrogate the right to individual property ownership. The trial judge's division of property, which distinguished between individually owned and joint…

Source excerpt

• Division Of Matrimonial Property
• Contribution To Property Acquisition
• Constitutional Rights In Marriage
• Marriage Act Interpretation

Kiwawa v Serunkuma and Another

Kiwawa v Serunkuma and Another (Civil Suit 52 of 2006) [2007] UGHCFD 1 (5 May 2007)

Court

HC: Family Division (Uganda)

Case number

Civil Suit 52 of 2006

Judge

Kasule, J

The High Court held that a Baganda clan rule barring marriage between clan-mates could void an intended statutory marriage, and confirmed the plaintiff’s paternity.

• Customary Marriage
• Clan Prohibition
• Marriage Act Interpretation
• Parental Consent
• Introduction Ceremony
• Customary Law Application