Uganda Case Law

Twijukye v Tugumisirize (Divorce Cause 28 of 2021)

Twijukye v Tugumisirize (Divorce Cause 28 of 2021) [2023] UGHCFD 139 (17 November 2023)

Court

HC: Family Division (Uganda)

Case number

Divorce Cause 28 of 2021

Judge

Nagawa, J

The court found that the Petitioner was guilty of cruelty towards the Respondent, as his conduct, including abandonment and psychological mistreatment, met the threshold for cruelty under Ugandan law. The evidence established that the marriage had irretrievably broken down, with both parties living separately and reconciliation attempts having failed. The court held that denial of conjugal rights and psychological torture constitute cruelty, referencing relevant case law. On custody, the court applied the welfare principle, granting joint custody of the minor child to both parents, as the old…

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• Divorce
• Matrimonial Offences
• Child Custody
• Child Maintenance
• Matrimonial Property
• Alimony

Kakuuma Joel v Juliet Aleso (Divorce Cause 2 of 2020)

Kakuuma Joel v Juliet Aleso (Divorce Cause 2 of 2020) [2023] UGHC 225 (2 May 2023)

Court

High Court of Uganda

Case number

Divorce Cause 2 of 2020

Judge

Bukirwa, J

The High Court of Uganda dissolved the marriage between Kakuuma Joel and Juliet Aleso on grounds of desertion and cruelty, but denied custody for lack of proof of paternity.

• Divorce
• Matrimonial Offences
• Custody
• Desertion
• Cruelty
• Family-law

McKellar v McKellar (Divorce Cause No. 77 of 1955)

McKellar v McKellar (Divorce Cause No. 77 of 1955) [1956] EACA 28 (1 January 1956)

Court

East African Court of Appeal

Case number

Divorce Cause No. 77 of 1955

Judge

Harley J

A wife’s undefended divorce petition for constructive desertion failed because the husband’s neglect and abusive behaviour did not meet the legal threshold.

• Constructive Desertion
• Matrimonial Offences
• Grounds For Divorce
• Cruelty Standard
• Maintenance Orders
• Constructive-desertion

Campbell Mcneil v Ruth Mcneil

Campbell Mcneil v Ruth Mcneil (Civil Appeal No. 3 of 1952) [1952] EACA 89 (1 January 1952)

Court

East African Court of Appeal

Case number

Civil Appeal No. 3 of 1952

Judge

Bourke J, Nihill P, Worley VP

The East African Court of Appeal dismissed a divorce appeal, holding that the husband failed to prove his wife had formed an intention to desert him before October 1947.

• Divorce
• Desertion
• Animus Deserendi
• Burden Of Proof
• Matrimonial Offences
• Animus-deserendi

Grafton v Grafton

Grafton v Grafton (Cause No. 30 of 1943) [1944] EACA 16 (1 January 1944)

Court

East African Court of Appeal

Case number

Cause No. 30 of 1943

Judge

Bartley J

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…

Source excerpt

• Divorce
• Restitution Of Conjugal Rights
• Cruelty
• Judicial Separation
• Matrimonial Offences