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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.
Mugenyi v Nasiiwa (Family Misc Application 1055 of 2022) [2023] UGHCFD 150 (24 August 2023)
The court found that the applicant had already raised the issue of nullity of marriage in his reply to the divorce petition, specifically in paragraphs 3, 4, and 8, where he denied the existence of a legally recognized marriage and challenged the petition's basis. The application for leave to amend was therefore unnecessary, as the real question in controversy was already reflected in the pleadings. The applicant failed to provide sufficient reason for the amendment, and granting leave would not serve the interests of justice or avoid multiplicity of proceedings. The application was thus dism…
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Paul Kagwa v Jackline Muteteri (Matrimonial Cause No 23 of 2005) (Matrimonial Cause No 23 of 2005) [2006] UGHC 17 (18 May 2006)
The court found that the marriage between the petitioner and respondent was void ab initio because the respondent's previous marriage to Wilson Karakire was still subsisting at the time she married the petitioner. The fact that the respondent may have believed her previous husband to be dead was immaterial, as there was no evidence to support his death, and the legal requirement is that the previous marriage must have been dissolved or the spouse deceased. On the issue of custody, the court held that the minor child, Faith Kagwa, should remain with the petitioner but granted the respondent ac…
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Johnson v Johnson (Divorce Cause No. 55 of 1949) [1950] EACA 627 (1 January 1950)
The court granted a decree nisi of nullity, holding it had jurisdiction because the petitioner was domiciled in Kenya and bona fide resident there.
K v K (Cause No. 6 of 1944) [1944] EACA 14 (1 January 1944)
A wife’s 14-year-delayed petition for nullity was granted after the court found the marriage had never been consummated because of the husband’s impotence.
Musa v Abubaker (Civil Appeal No. 17 of 1942) [1942] EACA 56 (1 January 1942)
The appeal was allowed where the Mudir’s Court lacked jurisdiction, no evidence proved damage to reputation, and nullity of marriage had not been sought.
Hay v Hay (Matrimonial Cause 15/33.) [1934] EACA 27 (1 January 1934)
The court dismissed a petition to nullify a marriage celebrated under the name Robotham, holding that use of an assumed or repute-acquired name is not enough without fraudulent intent.
A v B (C.A. 9/1932.) [1932] EACA 5 (1 January 1932)
The Court of Appeal found that the respondent's persistent refusal to consummate the marriage, her steadfast refusal to return to the appellant despite repeated opportunities, and her refusal to submit to medical examination, together justified a legal presumption of incapacity to consummate the marriage. The court rejected the trial judge's reliance on the short period of cohabitation, holding that no fixed period is required by law and that the facts demonstrated incapacity rather than mere wilful refusal. The authorities cited established that such circumstances warrant a decree of nullity…
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A v B (Cause 2/1932.) [1932] EACA 36 (1 January 1932)
The court held that the marriage, though celebrated by a person not duly authorized, was valid under the Marriage Ordinance because there was no evidence that the parties knowingly and wilfully acquiesced in the irregularity. On the issue of impotence, the court found that the petitioner failed to discharge the burden of proof required to establish permanent impotence or invincible repugnance, especially given the short period of cohabitation (fourteen days). The evidence did not support a finding of physical incapacity or uncontrollable nervous condition sufficient to render the respondent p…
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