Bamwine v Bamwine and Another (HCT-00-LD-CA 62 of 2022)
Bamwine v Bamwine and Another (HCT-00-LD-CA 62 of 2022) [2024] UGHCLD 277 (9 December 2024)
The High Court found that the trial Magistrate erred in law and fact by failing to recognize the suit property as matrimonial property. The evidence established that the property was acquired during the marriage, was intended and used as the family home, and that the Appellant had both a direct and indirect contribution to its acquisition and maintenance. The absence of documentary evidence of contribution did not negate the Appellant's rights, as oral evidence and her role as a witness to the purchase sufficed. The Court held that, under Section 38A and 39(1) of the Land Act, the sale of fam…
Source excerpt
- Matrimonial Property
- Family Land Consent
- Sale Of Property Without Consent
- Ordinary Residence
- Appellate Review
- Costs Orders