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Uganda decisions
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Mbambu & 6 Others v Kaija & Another (Miscellaneous Application 14 of 2024) [2025] UGHC 30 (9 January 2025)
The High Court at Kasese denied leave to amend a defence and add a counterclaim, finding the proposed fraud and marriage challenges were new and legally impermissible.
Ongwen v Bazanya (Civil Application 523 of 2024) [2024] UGCA 333 (3 December 2024)
The court found that the applicant failed to demonstrate that his appeal had any likelihood of success, as the trial court's decision was based on credible forensic evidence regarding the authenticity of the marriage certificate. The applicant also failed to show that he would suffer irreparable damage, especially since the status quo had changed with third parties now in possession of the suit property. As both parties agreed that there was no status quo to preserve, the court held that granting a stay of execution would be superfluous. Consequently, the application did not meet the establis…
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Were and 3 Others v Were Immaculate (Civil Suit 6 of 2022) [2024] UGHC 444 (12 April 2024)
The High Court dismissed a bid to revoke letters of administration, finding the defendant was likely the deceased’s wife and that no just cause was proved.
Justine Bazanya v Ongwen Medard Fredrick (Civil Suit 2 of 2019) [2023] UGHC 232 (17 November 2023)
The High Court held that the defendant was not legally married to the deceased, had no interest in the estate property, and his occupation amounted to trespass.
Wanyama v Buteme (Civil Divorce Cause 227 of 2021) [2023] UGHCFD 54 (23 January 2023)
The High Court dismissed a divorce petition after finding the petitioner had not proved a valid marriage with the respondent.
Ex Officio Agent for the Public Trustee as Administrator of the Estate of Sadati Bin Sanawiya, deceased v Terro (C.A. 17/1930 (Msa.);) [1930] EACA 129 (1 January 1930)
The court held that the Cadi has full jurisdiction to try both marriage and dowry issues together in one proceeding, as both fall within the scope of personal status matters under Mohammedan law and the Courts Ordinance. The requirement for a marriage certificate is not absolute; oral evidence and witness testimony are sufficient to establish the existence of a marriage under Mohammedan law. The court found no reason to disturb the Kathi's findings that the marriage took place, the dowry remained unpaid, and the respondent is entitled to inherit. The appeal was therefore dismissed with costs.
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