March 2025- Family Law - Second Edition (Objection My Lord)

|| ……………………….ISAAC CHRISTOPHER LUBOGO………………………………..
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||………………………….OBJECTION MY LORD…………………………||
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FAMILY LAW AND PRACTICE

OBJECTION MY LORD: LEGAL PRACTICE DEMYSTIFIED
© 2025 ISAAC CHRISTOPHER LUBOGO
The right of Isaac Christopher Lubogo to be identified as the author of this book has been asserted by
him in accordance with the Copy right and Neighboring Rights Act, CAP 222
All rights reserved. No part of this publication may be reproduced or transmitted in whole or in part in any
form or by any means, electronic or mechanical, including photocopy, recording or any information
storage and retrieval system, without permission in writing from the author. First Edition 2022
Second edition 2025
First Edition 2022
Second Edition 2025
ISBN: 99789970445776
Second Edition published in Uganda by:
Sui Generis Publishers,
A member of Sui Generis Holdings Ltd.
Bukandula Tower,
Plot 15, Rubaga Road
Kampala (U), East Africa.
Tel: +256 774694058, +256 70064347
+256 784992098, +256 752 208927
E-mail: lubisaacgmail.com
Website: www.lubogo.org
Find more books from this author at this website
(https://www.lubogo.org)
|| ……………………….ISAAC CHRISTOPHER LUBOGO……………………………….. ||
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OTHER BOOKS BY THE AUTHOR
Find all at lubogo.org
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DEDICATION
To The Lord Who Breathes Life And Spirit On Me …
Be My Guide Oh Lord Of The Entire Universe.
“…. daniel was preferred above the presidents and princes, because an excellent spirit was in
him, and the king thought to set him over the whole realm” _ Daniel Chapter six verse three
Vox Populi, Vox Dei (Latin, 'the voice of the people is the voice of God')
Salus populi suprema lex esto (Latin: "The health (welfare, good, salvation, felicity) of the
people should be the supreme law", "Let the good (or safety) of the people be the supreme (or
highest) law", or "The welfare of the people shall be the supreme law") is a maxim or principle
found in Cicero's De Legibus (book III, part III, sub. VIII).
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ACKNOWLEDGEMENT
Great thanks to learned colleagues, Mulungi Agatha and Ahimbisibwe Innocent Benjamin whose
enormous turpitude and stamina have inspired me to abridge this tome into a formidable book. I offer
distinctive recognition and thanks to my team of researchers whose tireless effort in gathering and adding
up material has contributed to this great manuscript.
Blessings upon you.
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REVIEW
"Objection My Lord" by Isaac Christopher Lubogo (Second Edition)
It is with profound admiration that I pen this review for the second edition of *Objection My Lord*, an
extraordinary legal tome by the distinguished scholar Isaac Christopher Lubogo. Having made a resounding
impact with its inaugural edition, this magnum opus has not only solidified its place in the annals of legal
literature but has now ascended to even greater heights in its revised form. Lubogo has meticulously
expanded the boundaries of legal discourse, presenting a work that is not merely an analysis but an
intellectual journey through the complex architecture of trial advocacy.
The first edition of *Objection My Lord* already heralded the arrival of a formidable legal mind, one whose
treatment of objections and courtroom dynamics was incisive and authoritative. However, this second
edition exemplifies what can only be described as a tour de force in legal writing. With refined precision,
the author delves into the intricacies of evidentiary objections, the art of courtroom persuasion, and the
strategies that define masterful advocacy.
Isaac Christopher Lubogo has, with this edition, set an even higher bar for legal scholarship. His mastery of
procedural and substantive law is evident as he navigates through both theoretical frameworks and practical
applications with unparalleled fluency. His discourse on the law of evidence is especially noteworthy, as it
demonstrates a rare combination of academic rigor and pragmatic insight—qualities that are essential for
any advocate seeking to excel in litigation.
The author’s treatment of objections in this edition goes beyond mere technicalities; it explores the
psychological and rhetorical dimensions of legal practice, elevating the subject from a simple procedural
necessity to a formidable weapon in the arsenal of courtroom strategy. Lubogo dissects the art of objecting
with clinical precision, revealing the subtleties that differentiate the ordinary advocate from the truly
exceptional.
Moreover, this edition benefits from a deepened engagement with comparative jurisprudence. Lubogo
draws from not only Ugandan and East African legal systems but also traverses global legal landscapes,
enriching the text with international perspectives that offer fresh insights and broaden the scope of
applicability for both budding and seasoned practitioners.
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The author’s style is replete with eloquence, yet never at the expense of clarity. His ability to marry dense
legal principles with accessible explanations makes this book an invaluable resource for law students,
practitioners, and even judges. The second edition is undeniably a magnum opus—an academic feast of
legal wisdom served with eloquence, precision, and a deep understanding of the legal craft.
In sum, *Objection My Lord* in its second edition is an indispensable guide for the astute advocate. Isaac
Christopher Lubogo has upped the ante, setting an exemplary standard for future legal scholarship. I
wholeheartedly commend this work to every member of the legal fraternity, for it will undoubtedly leave
an indelible mark on the study and practice of law.
Editors: Mulungi Agatha
(Advocate)
Ahimbisibwe Innocent Benjamin
(Africa Award Winning Lawyer & Author)
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CONTENTS
Table of Contents
FAMILY LAW AND PRACTICE.......................................................................................................................................... II

DEDICATION ...............................................................................................................................................................VIII
ACKNOWLEDGEMENT ................................................................................................................................................. IX
REVIEW ........................................................................................................................................................................ X
TOPIC ONE.................................................................................................................................................................. 15
DOMESTIC RELATIONS ................................................................................................................................................ 15
TYPES OF MARRIAGES IN UGANDA .............................................................................................................................. 17
FORMAL AND ESSENTIAL REQUIREMENTS OF MARRIAGES IN UGANDA ........................................................................ 17
ESSENTIAL REQUIREMENTS......................................................................................................................................... 19
CIVIL MARRIAGE ......................................................................................................................................................... 22
CHURCH MARRIAGE ................................................................................................................................................... 26
VOID AND VOIDABLE MARRIAGES ............................................................................................................................... 26
VOID MARRIAGES ....................................................................................................................................................... 26
VOIDABLE MARRIAGES. .............................................................................................................................................. 27
GROUNDS FOR VOIDABLE MARRIAGES................................................................................................................................... 27
APPROBATION OF VOIDABLE MARRIAGES. .............................................................................................................................. 29
LEGAL EFFECTS OF MARRIAGE. .................................................................................................................................... 29
ISLAMIC MARRIAGES .................................................................................................................................................. 36
DISCUSSION ............................................................................................................................................................... 36
CAPACITY/ PRELIQUISITIES TO CONTRACT A MUSLIM MARRIAGE .................................................................................................. 36
HINDU MARRIAGES .................................................................................................................................................... 38
DOMICILE. .................................................................................................................................................................. 40
IMPORTANCE OF DOMICILE IN A MARRIAGE ............................................................................................................................ 45
DIVORCE .................................................................................................................................................................... 46
TOPIC TWO................................................................................................................................................................. 46
DIVORCE UNDER THE VARIOUS MARRIAGES ................................................................................................................ 46
CIVIL MARRIAGES ....................................................................................................................................................... 46
TERMINATION OF MARRIAGES.................................................................................................................................... 46
MATRIMONIAL OFFENCES .......................................................................................................................................... 47
GROUNDS FOR DIVORCE UNDER THE DIVORCE ACT. .................................................................................................... 47
ADULTERY ..................................................................................................................................................................... 48
BURDEN OF PROOF AND STANDARD OF PROOF ........................................................................................................................ 48
CONDONATION OF ADULTERY. ............................................................................................................................................ 49
DECREE OF DIVORCE AND ITS EFFECTS ........................................................................................................................ 52
GROUNDS FOR DIVORCE ............................................................................................................................................. 54
DIVORCE IN ISLAM. ..................................................................................................................................................... 56
REMEDIES OF THE PARTIES UPON DIVORCE. ............................................................................................................................ 59
.................................................................................................................................................................................. 60
DOCUMENTS FOR DIVORCE ........................................................................................................................................ 60
PETITION .................................................................................................................................................................... 64
SUMMARY OF EVIDENCE ............................................................................................................................................ 67
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REPLY TO PETITION..................................................................................................................................................... 68
PETITION FOR RESTITUTION OF CONJUGAL RIGHTS AND PROVISION OF MAINTENANCE. ............................................. 73
DIVORCE UNDER MOHAMMEDAN MARRIAGES........................................................................................................... 81
HINDU MARRAIGES .................................................................................................................................................... 82
NULLITY OF MARRIAGES ............................................................................................................................................. 82
BARS TO RELIEF OF NULLITY ........................................................................................................................................ 84
BARS TO DIVORCE ...................................................................................................................................................... 85
DOCUMENTS FOR NULLITY ......................................................................................................................................... 87
SUMMONS TO ANSWER PETITION .............................................................................................................................. 87
PETITION FOR NULLITY OF MARRIAGE ......................................................................................................................... 88
REPLY TO PETITION..................................................................................................................................................... 91
TOPIC THREE: ............................................................................................................................................................. 98
SEPARATION OF SPOUSES........................................................................................................................................... 98
SEPARATION BY AGREEMENT ..................................................................................................................................... 98
CLAUSES IN A SEPARATION AGREEMENT..................................................................................................................... 98
DRAFTING OF SEPARATION AGREEMENTS................................................................................................................... 99
SEPARATION AGREEMENT ............................................................................................................................................... 100
JUDICIAL SEPARATION .............................................................................................................................................. 103
MATRIMONIAL OFFENCES ........................................................................................................................................ 104
PROCEDURE FOR PETITIONING FOR A JUDICIAL SEPARATION. .................................................................................................. 105
DOCUMENTS............................................................................................................................................................ 108
DOCUMENTS FOR JUDICIAL SEPARATION .................................................................................................................. 108
SUMMONS TO ANSWER PETITION ............................................................................................................................ 108
PETITION.................................................................................................................................................................. 109
SUMMARY OF EVIDENCE .......................................................................................................................................... 111
REPLY TO PETITION................................................................................................................................................... 113
SUMMARY OF EVIDENCE .......................................................................................................................................... 115
RESTITUTION OF CONJUGAL RIGHTS ......................................................................................................................... 116
STATUTORY DECLARATION ....................................................................................................................................... 119
ALIMONY ................................................................................................................................................................. 120
MATRIMONIAL PROPERTY ........................................................................................................................................ 121
TOPIC FOUR ............................................................................................................................................................. 122
CHILDREN MATTERS ................................................................................................................................................. 122
WELFARE PRINCIPLE ................................................................................................................................................. 122
APPLICATION OF THE PRINCIPLE WHERE THERE ARE TWO CHILDREN. ........................................................................................... 124
PARENTAGE ............................................................................................................................................................. 125
CUSTODY ................................................................................................................................................................. 131
APPLICATION FOR CUSTODY ............................................................................................................................................. 131
APPLICATION FOR A CUSTODY ORDER....................................................................................................................... 133
MAINTENANCE......................................................................................................................................................... 137
COMPLAINT ON OATH .............................................................................................................................................. 140
INTERIM ORDERS AND ORDERS THAT CAN BE ISSUED FOR CARE, PROTECTION AND WELAFRE OF THE CHILD. ............. 142
TOPIC FIVE ............................................................................................................................................................... 144
ADOPTION OF CHILDREN .......................................................................................................................................... 144
DISTINCTION BETWEEN GUARDIANSHIP AND ADOPTION. ......................................................................................................... 144
PROCEDURE OF ADOPTING CHILDREN ...................................................................................................................... 146
DISPENSING WITH CONSENT. ........................................................................................................................................... 148
INTERCOUNTRY ADOPTION ...................................................................................................................................... 149
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PETITION FOR ADOPTION OF A CHILD. ....................................................................................................................... 160

ADOPTION ORDER .................................................................................................................................................... 165
................................................................................................................................................................................ 166
GUARDIANSHIP ........................................................................................................................................................ 166
DUTIES OF GUARDIAN..................................................................................................................................................... 166
DOCUMENTS FOR GUARDIANSHIP ..................................................................................................................................... 170
AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION:........................................................................................................ 172
PETITION FOR GUARDIANSHIP. ................................................................................................................................. 175
SUMMARY OF EVIDENCE: ......................................................................................................................................... 178
ORDER ..................................................................................................................................................................... 180
SUCCESSION ............................................................................................................................................................. 189
TOPIC SIX.................................................................................................................................................................. 190
TESTATE SUCCESSION ............................................................................................................................................... 190
CHARACTERISTCIS OF A WILL .................................................................................................................................... 191
REVOCATION OF WILLS ............................................................................................................................................. 193
TOPIC SEVEN ............................................................................................................................................................ 196
INTESTATE SUCCESSION............................................................................................................................................ 196
THE PROCEDURE FOR APPLICATION FOR GRANT OF LETTERS OF ADMINISTRATION .......................................................................... 197
DOCUMENTS FOR SUCCESSION ......................................................................................................................................... 199
COPY OF WILL .............................................................................................................................................................. 207
SAFE CUSTODY OF WILLS. ................................................................................................................................................ 214
REVOCATION OF LETTERS OF ADMINISTRATION/PROBATE ........................................................................................................ 216
TOPIC EIGHT ............................................................................................................................................................. 220
LODGMENT AND REMOVAL OF CAVEATS................................................................................................................... 220
RESEALING OF PROBATE OR LETTERS OF ADMINISTRATION ....................................................................................... 221
MISSING PERSONS ESTATE ........................................................................................................................................ 223
PROCEDURES, FORUM AND DOCUMENTS NECESSARY. ............................................................................................................. 223
ESTATES OF PERSONS WITH MENTAL ILLNESS............................................................................................................ 225
TOPIC NINE............................................................................................................................................................... 230
DOCUMENTS ............................................................................................................................................................ 230
WORKSHOPS ............................................................................................................................................................ 244
WORKSHOP TWO ..................................................................................................................................................... 266
................................................................................................................................................................................ 289
WORKSHOP THREE ................................................................................................................................................... 289
WORKSHOP FOUR .................................................................................................................................................... 290
TOPIC ONE
DOMESTIC RELATIONS
A) The Laws Governing Domestic Relations in Uganda includes the following:
1. The Constitution of the Republic of Uganda 1995 as amended
2. The Judicature Act cap 16
3. The Civil Procedure Act Cap 282
4. The Civil Procedure Rules SI 282-1
5. The Advocates (Remuneration and Taxation of Costs) Regulations SI 295-4
6. The Magistrates Courts Act Cap 19
7. The Marriage Act Cap 146
8. The Marriage (District Registrars) Order SI 146-1
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9. The Divorce Act Cap 144
10. The Divorce Act Rules SI 144-1
11. The Customary Marriages Registration Act Cap 143
12. The Customary Marriages (Registration) (Prescription of Forms and Fees ) Regulations SI
143-1
13. The Marriage & Divorce of Mohammedans Act 147
14. The Marriage & Divorce of Mohammedans (Appointment of Registrars) Order SI 147-
1
15. The Marriage & Divorce of Mohammedans (Fees) Order SI 147-2
16. The Marriage & Divorce of Mohammedans (Jurisdiction in Matrimonial Causes) Instrument
SI 147-3
17. The Hindus Marriage and Divorce of Act Cap 145
18. The Hindus Marriage and Divorce (Marriage and Registration) Rules SI 145- 1
19. The Children Act Cap 62
20. The Children (Adoption of children) Rules SI 62-1
21. The Children (Family and Children’s Court) Rules SI 62-2
22. The Succession Act Cap 162
23. The Administration of Estates (Small Estates) (Special Provisions) Act Cap 263
24. The Administration of Estates (Persons of unsound mind) (Procedure) Rules SI 155-1
25. The Administrator General’s Act Cap 157
26. The Administrator General’s (Fees) Rules SI 157-1
27. The Evidence Act Cap 8

TYPES OF MARRIAGES IN UGANDA

There are four types of marriages recognized by the law in Uganda and these include the following:
- Customary Marriages recognized majorly by The Customary Marriages Registration Act1.
- Civil Marriages recognized majorly by The Marriage Act 2and the Divorce Act3.
- Church marriages recognized majorly by The Marriage Act Cap and the Divorce Act.
- Hindu Marriages recognized majorly by The Hindu Marriage and Divorce Act4.
- Mohammedan Marriages recognized majorly by The Marriage and Divorce of Mohammedans

Act and Sharia Law.
5
NIRA through the URSB Amendment Act 2024, empowers it to register and perform all civil registration
functions relating to natural and customary marriages
FORMAL AND ESSENTIAL

REQUIREMENTS OF MARRIAGES IN
UGANDA
A) CUSTOMARY MARRIAGES
The law applicable to customary marriages includes the following;
1. The Constitution of the Republic of Uganda 1995
3. The Customary Marriages Registration Act Cap 143
4. The Customary Marriages (Registration) (Prescription of Forms and Fees ) Regulations SI 143-
1
5. Case law and customary law
1
Cap 248
2
Cap 251
3
Cap 249
4
Cap 250
5
Cap 252
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A customary marriage is defined in section 1(b) of the Customary Marriages Registration Act as a marriage
cerebrated in accordance with the rites of an African community and one of the parties to which is a
member of that community. They are potentially polygamous
This principle is fortified by the case of Uganda Vs Kato and Others [1976] HCB 204 where court
held that the test of determining what type of marriage is, is whether the union is treated as a marriage by
the laws or customs of the nation, race or sect to which the parties belong. Court went on further to state
that; where the parties are from different tribes, the customs of the woman would be to one to be followed
in case of a customary marriage.
It must be noted however that the customs should not be contrary to the principles of natural justice and
morality. This is the spirit of the law evident in section 14 of the Judicature Act Cap 16 which enjoins
courts of judicature to apply customary law ipso facto in adjudication of matters before it provided the
customs are not repugnant to natural justice and morality. Article 33(6) of the Constitution prohibits
laws, cultures customs or traditions that are against the welfare or interest of women or that undermine
their rights. This is fortified by the East African case of Kimani vs Gikanga [1965] EA 735 where court
was of the view that repugnant customs should not be upheld in society.
Under S.4 (2) of the customary marriage (registration) act cap 143, customary marriage maybe
polygamous.
A customary marriage is a celebrated according to the rites and customs of an African community to
which one of the parties is a member of that community or any marriage celebrated under part 3 of the
customary marriage (registrations act, cap 143. S.1 (b) of the customary marriage (registrations) act
(CMRA).
W HAT CUSTOMS ARE TO G OVERN THE MARR IAGE .

In the case NASSANGA V NANYONGA (1977) HCB 352, the parties were both banyakole
who had moved to Buganda and changed their names. The court held that
1. Parties are free to choose the law to govern their relationship but this choice is made at the time
the relationship is entered into and not after a dispute has arisen. The choice of law is a matter for
the court to decide.
2. Where the parties belong to the same tribe the proper law is the law of the tribe to which they
belong in matters of moveable property and interpersonal issues. In a case of immovable property
the law of the tribe where the property is situated applies. As the instant case related to marriage
and dowry, the proper law was the law of the tribe to which the parties belong.
3. Where the parties belong to different tribes, the most equitable rule for the choice of law is to
discover the law which both parties had in mind as governing their relationship at the time of the
transaction in issue.
 In this case ankole customary law applied and not Buganda customary law since even the
alleged dowry paid was paid in cows, an item which is not listed among the list of the items
of dowry paid by Buganda.
In KINTU V KINTU, DIVORCE APPEAL NO.135 OF 1997, the court held that where the parties
are from different tribes, the customs of the girl determine whether there was a marriage.
In UGANDA V P.KATO ANDORS (1976) HCB 24, Court held that in order to establish the
existence of a customary marriage its sufficient to prove that according to the customs and laws of a given-
tribe, a marriage exists.
 The marriage should have been conducted according to the customs of that tribe and
satisfied the requirements of that custom .in UGANDA V JOHN EDOKU (1975)
HCB 359, the court held that if bride price is required it must be paid in full.
ESSENTIAL REQUIREMENTS
a) First and foremost, the Marriage should be conducted according to rights of an African
community as enunciated in the case of Uganda Vs Kato and Others [1976] HCB 204 where
court held that the test of determining what type of marriage is, whether the union is treated as a
marriage by the laws or customs of the nation, race or sect to which the parties belong.
b) Secondly, where bride price has to be paid, it must be paid in full. This payment is made by the
husband to be or the groom to the family of the girl he intends to marry. This principle is fortified
by the case of Uganda Vs Eduku [1975] HCB 359. where court held that since bride price had
not been paid in full, there was no subsisting marriage between the complainant and the
adulterous woman for they were not considered as husband and wife. This was the same principle
in Aiya Vs Aiya D.C. 8 of 1973. The girl’s family may request for no dowry at all and the
marriage will be valid. Therefore , dowry becomes relevant only when requested for and if not
requested for, this does not mean that the marriage is void.
c) Thirdly, the age of marriage for the wife is considered to be at 16 years and for the husband is taken
to be at 18 years. This is the spirit of the law in section 11 (a) and (b) of the Customary Marriages
Registration Act cap 143
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d) In light of the above there is need to strike a balance between the constitutional sanction and the
sanction under the Act. The constitution of the Republic of Uganda 1995 is the supreme law of
the land and shall have binding force on all persons. To this end therefore, it legally correct for one
to rely on Article 31 which talks of the majority age as 18 and thus marrying off a girl of 18 years
under customary law. The fallacy however is, persons have been so litigious on this matter.
e) Fourthly, there should not be any prohibited degrees of kinship under section 11(d) of the
Customary Marriages Registration Act cap 143. The prohibited degrees of kinship are provided
for in the second schedule to the Customary Marriages Registration Act.
f) Fifthly, Consent of the parents is a must and it must be got. This is premised on the African
tradition that girls can not do anything without the parent’s approval.
Section 11 (e) of the Customary Marriages Registration Act provides another condition to the effect that
there should be no valid and subsisting monogamous marriage between the parties to this marriage and
another person.
It must be noted that customary marriages are potentially polygamous. This is provided for in section 4
of the Customary Marriages Registration Act.
Registration of customary marriages is provided for under section 5 of the Customary Marriages
Registration Act. it does not however mean that failure to register the marriage renders it void. This is
fortified by Nassanga Vs Nanyonga [1977] HCB 314 where court held that failure of the parties to
register the marriage does not invalidate the marriage.
Under section 6 of the Customary Marriages Registration Act cap 143, the marriage may be registered not
later than six months after the date of completion of the ceremony; with at least two witnesses to attend
to the office of the Registrar with details to register the marriage.
C A VEATS TO CELEBRATIO N OF A CUSTOMAR Y MAR RIAGE .

Under S.27, of CMRA cap 143, any person whose consent of a marriage is required or who may
know of any just cause why the customary marriage should not take place, may enter a caveat against the
issue of the registrars certificate by writing at any time before issuance of the certificate the word
“forbidden” opposite to the entry of the notice in the customary marriage notice book, add his/her names
and the grounds to wit
Consent.
Under S.32 of the CMRA cap 143, where the parties are below 21 years, they must have the
consent of the father or of his dead or of unsound mind, then the mother.
D IVORCE UNDER CUSTOMA RY LAW

a) The grounds of divorce are dependent on the parties’ communities or customs. KINTU V
KINTU DIVORCE APPLICATION NO.135/98 court stated that when parties make a choice
and opt to be governed by customary law, they are presumed to have made an under-taking that
before ,during and after their marriages, they will be governed by the same rules for divorce.
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CIVIL MARRIAGE
The basic issues for discussion here include the following
1. Whether the parties have capacity to contract a marriage?
2. If so, what formalities should be followed to effect the marriage?
3. What is the forum and documents?
DISCUSSION
Section 1(f) of the Customary Marriages Registration Act defines a civil in to mean a marriage between
one man and one woman; subsistence of which; neither of them is at liberty to contract any form of
marriage.
This is fortified by Hyde vs Hyde (1863) LR P & D 130 which was noted with approval in Alai vs
Uganda (1967) EA 416 as the voluntary union of one man and one woman to the exclusion of all others.
The case of Ayoub vs Ayoub [1967] EA 416 provides that marriages under the Marriage Act is
potentially monogamous. In ascertaining the validity of the marriage one ought to ensure that all the
requisite steps provided for in the law have been followed.
Case law has however enunciated a principle in Wightman Wightman (1963) R & N 275 where court
held that evidence of a marriage ceremony followed by cohabitation lays a presumption of a valid civil
marriage. In Hill vs Hill (1959) 1 All ER 281, court held that such a presumption can be rebutted unless
evidence to the contrary is adduced beyond reasonable doubt there was no valid marriage. These are
provided for in Sec. 6 of Marriage Act Cap 146. The parties to an intended marriage should place a notice
with Registrar;
Section 9(1) of the marriage act cap 146 provides that upon receipt of a marriage notice the registrar shall
cause it to be entered in a book to be called the “marriage notice book” which may be inspected during
office hours without fee. If there is no objection at end of 21 days; before expiration of 3 months the
parties are issued with certificate permitting them to marry, as provided for under section 10 of the
Marriage Act cap 146.
It must be noted that this Certificate is issued upon application supported by affidavit, where the
deponent is supposed to aver that:-
1. One of the parties resident in district where the marriage is going to be celebrated of celebration
of marriage
2. Parties are above 18 years of age.
3. No impediments of kindred or affinity to the intended marriage
4. None of the party to the intended marriage is married by customary law to any person other than
that person with whom such marriage is proposed.
CAPACITY TO CONTRACT A CIVIL MARRIAGE

To be able to contract into a valid marriage the following attributes should be present, as enunciated in
section 10 of the Marriage Act cap 146 ; thus
Each of the parties must be above 18 years and if the parties are below this age, consent of the parties ought
to be got. This should be read in line with Article 31 of the Constitution 1995, which lays down the
majority age to be 18 years.
One should be of sound mind. This is premised on the principle of contract law which is to the effect that
in any contract there ought to be consensus ad idem.
The intended marriage should be between a Male and Female; this is evident in the common law principle
enunciated in Hyde vs Hyde (1863) LR P & D 130 where court defined marriage as the voluntary
union of one man and one woman to the exclusion of all others.
None of the party to the intended marriage should be married by customary law to any person other than
that person with whom such marriage is proposed. This is fortified in section 48 of the Marriage Act cap
146.
Parties to the intended marriage should not be within the prohibited degrees of consanguinity or kindred.
Theses degrees are referred to in the second schedule to the Customary Marriages Registration Act.
C ONTRACTING A C IVIL M ARR IAGE

The intending couple should come with the following;
o Proof of citizenship for example a passport or national identification card
o An LC 1 letter clearly stating duration of residence in the district in which the marriage is
intended to be solemnized (this should not be less than 15 days).
o One passport size photograph each for the groom and the bride.
o A Photocopy of a VALID ID for each of the two Adult witnesses
o Registered marriage affidavits that conform to Section 10 of the Marriage Act;
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o In case of foreign citizens, a letter from the Civil Registration or Vital Statistics Office of
their country confirming that the party is not married.
o For the case of Foreign Citizens, Copies of Valid Visas upon entry into Uganda shall be
required on the Marriage Date
o For the case of Divorced/Widowed intendants to the marriage, certified copies of Divorce
Decree Absolutes or death certificates shall be required
o For the case of Documents authored in any Language other-than English, Translations of
the same shall be required
o For the case of refugees, a letter from the Office of the Prime Minister on the marital status
of the intendant shall be required
 • One of the intending parties to the marriage should fill a Notice of Marriage Form (Form A
according to the Marriage Act) (indicating their names, marital status, age, occupation and place
of abode)
 The client should attach evidence of payments of the prescribed fees. The fees must have be paid
in any bank of choice after generation of a payment registration number (PRN) from the URA
portal Alternatively, a client can exercise the self-assessment option by logging on to the Uganda
Revenue Authority (URA) website
 Notice form, accompanying documents and receipts should be submitted to the Registrar of
marriages of the district of Residence of one of the parties to the marriage (For Kampala Residents,
this may be done by scanning the documents as a single PDF file and sending via email The
intending couples are encouraged to indicate Valid Phone Contacts on the Notice Form
 The Notice of Marriage is published on the Notice board of the District Registrar of Marriages
for 21 calendar days.
 If there are no objections to the notice of marriage, the ceremony takes place after 21 calendar days
but not before the lapse of 90 calendar days. Marriages are celebrated from Monday to Friday,
between 10 am and 4 pm
 On the day of the marriage solemnization, the parties appear with the two adult witnesses before
the Registrar who performs the ceremony and thereafter issues a Marriage Certificate (Form E
according to the marriage Act)
 If there is an objection, a caveat is placed and the matter is referred to Court for settlement.
 Fees Payable:
A total of UGX 260,000/- (Where one of the parties to the marriage is Ugandan or a Refugee) and
USD210 (Where none of the parties to the marriage is Ugandan)
C ONVERTING A C USTOMAR Y M ARRIAGE INTO A C I VI L M ARRIAGE

 Any persons married under customary law can convert that marriage into a civil marriage by
ceremony before a Registrar of Marriages. Persons married under customary law should have
registered their marriage with the Sub – County Chief or Town Clerk in their area within 6
months.
 The Sub-County Chief or Town Clerk shall issue them with a Certificate or Registration of their
customary marriage. A conversion would be null and void where either of the parties, at the time
of the celebration of the marriage, is married by customary law to any other than the person with
whom the marriage is held.
 All the requirements for contracting a civil marriage have to be submitted to presiding registrar
before a certificate is issued.
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CHURCH MARRIAGE
The law applicable to civil marriages applies to church marriages; save that church marriages do not have
an option for divorce. There are however, a few other rules which one ought to deal with.
Section 19 (1) of the Marriage Act cap 146, provides that for a church marriage to be valid, it must be
celebrated in licensed place of worship, presided over by recognized Minister; according to rights/usages
of marriages observed in that church.
Section 20 of the Marriage Act cap 146, provides that in case if any impediment; the Minister should not
celebrate the marriage, until he has been granted a registrar’s Certificate or a Minister’s licence.
It must be noted further that according to section 19 (2) of the Marriage Act, the marriage must be
celebrated between the hours 8.00 am – 6.00 pm.
Section 21 of the marriage act cap 146,provides further that the marriage has to be celebrated in a building
duly licensed by Minister, or such place as Minister’s license may direct.
VOID AND VOIDABLE MARRIAGES

VOID MARRIAGES
A void marriage is void ab initio. A decree of nullity can be sought by any person with a legitimate interest
and can be sought by any person with a legitimate interest and can be pronounced at any time, even after
the parties have died.
IN DE RENEVILLE V DE RENEVILLE (1948) 1 ALL ER56,the court defined a void marriage as

one that will be regarded by every court in any case in which the existence of marriage is in issue as never
having taken place and can be treated so by both parties to it without the necessity of any decree annulling
it.
In RE ROBERTS (1978)3 ALL ER 225, the court held that if a marriage is declared void it is declared
void on social and public policy grounds unlike in voidable marriages where the persons concerned with
the grounds which make the marriage voidable are only the parties to the marriage and no one else.
S.32 of the marriage act lays down the instances when a marriage shall be void and these include:
1) S.32 (1) if it’s within the prohibited degrees of kindred or affirmity or if either of
the parties has contracted customary marriage with any other person other than
the person with whom the marriage is now had.
2) S.32(2) where parties knowingly and willfully acquiesce in its celebration:
a. In an unlicensed place without ministers license
b. Under false name or names
c. Without the registrars certificate of notice or ministers license duly issued.
d. Conducted by an unlicensed person.
VOIDABLE MARRIAGES.
In DE RENEVILLE, a voidable marriage was defined as a marriage that will be regarded by every court
as a valid subsisting marriage until a decree annulling it has been pronounced by a court of competent
jurisdiction.
In RE ROBERTS, the court held that where a marriage is voidable, the matter is left entirely in the hands
of the parties and the parties may not wish to take advantage of their undoubted right to have the marriage
declared void.
Grounds for voidable marriages.

N ON CONSUMMATION
S.12 (a) of the divorce act cap 144, allows an innocent party to petition for nullity on ground of permanent
impotence.
IN DE RENEVILLE, the court held that non-consummation of a marriage rendered a marriage voidable
whether it was based on incapacity to consummate or owing to willful refusal.
In D VA (1845) 163 ER 1039, the court held that consummation of the marriage requires
ordinary and complete” rather than “partial and imperfect” sexual intercourse, including erection and
penetration but not necessarily leading to orgasm.
In SINGH V SINGH (1971)2 ALL ER828, the court held that where there is willful refusal,
the refusal must be settled and definite and arrived at “without just excuse”, the husband is expected to
use appropriate facts, persuasion and encouragement if his wife is shy, and her resistance to insensitive
demand will not necessarily be regarded as willful refusal.
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In HORTON V HORTON (1947) 2 ALL ER 871,lord jowilt, stated that “willful refusal”
means a settled and definite decision arrived at without just excuse, taking into account the whole history
of the marriage.
F A ILURE TO CONSENT
In RE ROBERT, the court held that absence of any consent renders a marriage voidable and not void.
Consent to a marriage maybe voidable and not void. Consent to a marriage maybe varied by either
insanity, duress or mistake as to the identity of the other or the nature of the ceremony.
a) Insanity.
In DURHAM V DURHAM (1885) 10 PD 80, the petitioner sought a decree of nullity and claimed
his wife had not had the mental capacity needed for marriage. The court held that the contract of marriage
is a very simple and which does not require a high degree of intelligence to comprehend. But a person who
understands the language of the ceremony may still be affected by delusions or other insanity so as to have
no real appreciation of its significance. Court found that the respondent had had sufficient capacity at the
time of the marriage, though her condition had deteriorated later.
b) Duress.
In SINGH V SINGH (1971)2 ALL ER 828, for duress to suffice, it must be shown, it must be shown
that the petitioners will was overborne or that her consent was obtained through force or fear. There must
be a threat to the petitioner’s life, limb or liberty.
In BUCKLAND V BUCKLAND (1967)2 ALL ER 300, petitioner while working in Malta, developed
a 15 year old girl. He was arrested and charged with corrupting a minor. He affirmed his innocence, but
his solicitor and his employer both advised him that he was unlikely to be believed and his only hope of
escaping a substantial prison sentence was to marry the girl. He went on to contract the marriage. On
return to England he sought to have the marriage annulled. The court annulling the marriage held that he
had only consented because of his reasonable fear of imprisonment and that was not true consent.
c) Mistake
A mistake as to the identity of the other party is generally sufficient to make a marriage voidable, but a
mistake as to his attributes or as to the effect of marriage is not.
In the case of C V C (1942) NZLR 356, the petitioner met a man, respondent who claimed to
be Michael Miller, a well-known boxer. She married him after a short courtship and subsequently found
he was not miller at all and sought an annulment. The petition was dismissed. The court held that the
petitioner was mistaken as to the respondent’s attributes rather than his identity. She intended to marry
the man, respondent, standing beside her and was mistaken only as to his name and profession.
In RE C AND D (1979) 35 FLR 340, the respondent was born an hermaphrodite. Under went surgery
as a young adult to remove the external signs of feminity. Married the petitioner and the marriage was
never annulled. Wife (petitioner) filed formality. Granting a declaration of nullity, the judge said W had
intended to marry a male and was therefore mistaken as to the identity of her partner and that would be
sufficient grounds.
Approbation of voidable marriages.

This occurs in situations where one of the parties is fully aware of facts making the marriage
voidable and conducts himself although the marriage is valid, he/she may be estopped from revoking the
marriage and will be deemed to have waived his or her rights.
The defect will be cured once the innocent party approbates the marriage.
In W and W (1952)1 ALL ER, the parties were married in 1941 but attempts by the husband
to consummate the marriage were unsuccessful. In 1945, on the suggestion of the husband, the parties
adopted a child and later in 1946, the husband left the wife and sought to annul the marriage for non –
consummation. The court held that the husband had so approbated the marriage by his initiation of the
adoption proceedings.
In HARTHAN V HARTHAN (1948) 2 ALL ER, the husband sought a declarations of nullity
on a claim of his own impotence and claimed that in their 20 years marriages he had been unable to engage
in any sexual intercourse and court declined to grant him the decree.
LEGAL EFFECTS OF MARRIAGE.

1. Married status.
Once married under the MA, you’re incapable of contracting another marriage during the subsistence of
that marriage. In HYDE V HYDE, marriage is monogamous and during its subsistence one cannot
purport to enter another relationship.
2. Legal fiction of one person.
At common law, when married, the personalities of husband and wife were fused into one hence there
could be no civil action between the spouses for they were one and similarly spouses could not be jointly
charged.
However, Art 31 of the constitution provides for equality in marriage between husband and wife
thus the wife cannot lose her personality to the husband. Further in MIDLAND BANK TRUST
CO.LTD V GREEN, lord denning held that now days both in law and in fact, husband and wife are two
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persons not one. The severance being complete in all aspects except in so far as its stated by law or a judicial
decision.
3. Right of the wife to use the husbands name.
A marriage gives the wife the right to use the husbands name if she so wishes but this is not obligatory. IN
FONDAL V GOLDSMITH, court held that while marriage confers a right to the wife to use her
husband’s name, she cannot be forced to do so but if she desires she can use it without swearing a deed
pool.
 Even after termination of the marriage, a wife may keep her husband’s name and the
husband has no right to restrain her from using it except if she is using it for a fraudulent
purpose.
COWLEY V COWLEY (1900) P 305, upon dissolution of a marriage wife kept using the former
husband’s name. He applied for an injunction restricting her from using the name. Court held that a man
has no such property in his name as to title him to prevent a woman not his wife claiming to be such unless
she does so maliciously.
4. Presumption of legitimacy of children.
Any child born during the subsistence of a marriage shall be presumed to have been fathered by the
husband however this presumption can be rebutted if one shows overwhelming evidence to the contrary
in:
a. Where husband was temporarily or permanently impotent at the time of

conception.
b. Absence of the husband for a reasonably long time. In PRESTON

JONES V PRESTON JONES (1956)1 ALL ER 124, the husband had
not been around for over 360 days after a particular coitus, court held that
the child was not his legitimate child.
 In Uganda there is no distinction between “legitimate” and illegitimate” children, they are
all considered children. KAJUBI V KABALI (1944) 11 EACA 34.
5. Right to consortium or conjugal rights.
In LYNCH V KNIGHT, consortium was defined as living together as husband and wife with
all the incidents that flow from that relationship. The right to consortium is the right to the company,
society and affection of a spouse in any matrimonial relationship.
In PLACE V SCARLE (1932)2 ALL ER 497, court held that both husband and wife have a
right to consortium and a right to each other and each of them has a right against any person who abuses
that right without noble cause.
Where one of the parties withdraws conjugal rights from the other unreasonably, the innocent
party may petition court under S.20 of D.A for restitution of conjugal rights.
Where the order is for restitution is granted and the other party against whom its issued does not
comply, their property may be attached or be condemned to civil prison per O.22 R19 of the civil
procedure rules.
The non-compliance with the order as held in the case of RV JACKSON (1891) 1 Q.B 671, is
a ground for separation or divorce because extra judicial means cannot be used to enforce the order.
Forcing the non-conforming spouse into coitus amounts to marital rape. In R V R (Rape
marital exemption) (1991)4 ALL ER 481, the defendant went to her parents’ house and forcefully had
sex with her. His conviction for rape was upheld by the HOLs who stated that the status women and
particularly married women has changed beyond all recognition and in modern times any reasonable
person must regard the common law position as to general consent to sex upon marriage as quite
unacceptable. The supposed marital exception in rape forms no part of the law of England today.
In UGANDA V YIGA HAMID, HCT CRMINAL SESSION CASE 0055 OF 2002, justice
kibuuka musoke convicted the accused of rape finding no evidence that the couple had been married or
that the woman had consented to sexual intercourse. The court further held that even if the couple had
been married, women were constitutionally entitled to equal rights in marriage and the right to human
dignity thus, the women would not have been obligated to submit to sexual intercourse against her will.
6. The right to maintenance.
Under common law, the husband has a duty to maintain his wife. The right to maintenance is often tied
to the continued enjoyment of conjugal rights.
The right includes the right to a house and to be provided with recesses of like.
In the case of KINTU V KINTU, DIVORCE APP. NO135 OF 97, court held that the wife has a right
to occupy the matrimonial home and be provided with necessaries of life and where this isn’t done, the
wife can exercise what under common law is called the DESCETRED WIFES EQUITY, which means
that the wife may insist on remaining in the matrimonial house if she is deserted by the husband.
H OW A WIFE CAN ENFORCE MAINTEN ANCE
E NFORCING HER RIG HT O F AGENCY OF NECESS IT Y

Arises in situation where the husband fails to provide for his wife necessaries. The wife is allowed
to pledge or take goods on credit for a trader and trader will be able to sue the husband for the credit for
the wife is treated as an agent for the husband.
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BIBERFELD V BERENS, in considering whether a wife , who has been compelled by her
husband’s conduct to leave him, is her husband’s agent of necessity, regard must be had to her means. In
the present case, the wife had assets which she could have been reasonably expected to use to pay for
necessaries and accordingly, she was not her husband’s agent of necessity.
T HROUGH A BI LATERAL M AINTENANCE AGREEMENT .

Spouses living in separation may include a clause in their separation agreement of maintenance and this
agreement must be enforceable.
In WILLIAMS V WILLIAMS, a wife left her husband and the husband promised to make her weekly
payment for her maintenance. He failed in this and the wife claimed arrears. The husband claimed that
she had deserted and she could maintain herself. Lord denning held that a promise to perform an existing
duty is sufficient consideration to support a promise, so long as there is nothing in transaction which is
contrary to the public interest.
a) Maintenance order from court.
There is no provision in Uganda creating a right of a wife to seek a maintenance order where the marriage
is still on going. Therefore the petition is brought under the following provisions. Article 139 of the
constitution, S.14 of the judicature act, S.98 of the CPA, S.10 of the MCA (if in magistrate courts). These
provisions grant the courts with the jurisdiction to hear family matters and in doing so may apply doctrines
of common law and equity in ensuring there is maintaince between the husband and the wife.
Rebuttal of common law presumption that a husband is liable to maintain his wife.
In STRINGER V STRINGER (1952) 1 ALL ER 373, the husband and wife separated by
mutual consent in November 1946 and from that date the husband had not paid the wife any maintenance
nor had she demanded any maintenance until 17th July 1951, when she issued a summons for willful
neglect to maintain. Court held that proof of consensual separation of spouses without any agreement by
the parties regarding the maintenance of the wife is sufficient to rebut the common law presumption that
a husband is liable to maintain his wife.
7. The right to matrimonial confidence
This bars spouses from disclosing matters which come to their knowledge as a result of a marriage
relationship. The parties to a marriage have an obligation of confidentiality towards one another and either
can be restrained by injunction from revealing to 3rd party anything learned from the other in the course
of their married life.
In ARGYLL V ARGYLL (1965)1 ALL ER 611, the duties of Argyll divorced the wife on grounds of
the wife’s adultery. The wife did not contest the divorce on the understanding that nothing more would
be said about the adultery. The duke subsequently sold stories to newspaper giving intimate details of that
and other aspects of the wife’s private life. The wife sought an injunction prohibiting the publication. The
court granting the injunction held that, not only was the disclosure contrary to the undertakings that had
been given earlier, but it was a breach of the confidence presumed to exist between husband and wife.
8. Matrimonial property (Article 26 and 31 of constitution)
Justice Bbosa in KINTU V KINTU and cited with approval in HOPE BALIMBISOMWE V JULIUS
RWABIBINURI. Matrimonial property was defined as property to which each spouse should be
entitled to and this is property which the parties chose to call home and which they jointly contributed to.
There is no statutory law in Uganda governing matrimonial property and therefore most of the reference
is made to case law.
C ONTRIBUTIONS B Y S POU SES .

In RWABINUMI V BAHIMBISOMWE, the Supreme Court held that a spouse’s contribution to
acquisition of property maybe direct or indirect monetary contribution and non-monetary contributions
which enables the other spouse to either acquire or develop the property.
In KIVUITU V KIVUITU C/A 26/85, it was held that a wife does contribute to the family in a
thousand other ways including child bearing, looking after the family. It can’t therefore be said that only
monetary contributions should be taken into account.
Court further noted that the wife indirectly contributes to towards payments for household expenses,
preparation of food, purchase of children’s clothing, organizing children for school and generally enhance
the welfare of the family and this amounts to a substantial indirect contribution to the family income and
assets which entitle her to equal share in the couples joint property.
In RWABINUMI V BAHIMBISOMWE, the Supreme Court further held that property acquired
prior to the marriage by either spouse, property inherited during marriage or property individually owned
by either spouse where the other spouse has made no direct or indirect contribution remains individually
owned property. Therefore property held prior to marriage and property individually acquired during
marriage does not become joint property.
Where a spouse makes a direct/indirect contributions owned by another before the marriage, the spouse
is entitled to share in the property to the extent of their contribution as was in MAYAMBALA V
MAYAMBALA DIVORCE CAUSE NO.3 OF 1998
Bank accounts.
Wives and husbands may have their separate accounts. It’s also possible that they may have pint accounts
or a joint pool from which they deposit or withdraw money though not necessarily in equal propositions.
As a result, they acquire a joint interest there in.
In JONES V MAYNARD (1951)1 ALL ER 802, where the husband authorized his wife to draw on
his account which was after used as a joint account. Into the account dividends from both the husband
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and the wife’s investment were deposited thereon. The two had not agreed on what their rights are in this
joint venture but they regarded the account as their pint property.
The court held that the wife’s action for an equal share in the balances on the account and the investments
carried out using monies drawn from the account would succeed.
On the evidence the intention of the parties was to constitute a poll of their resources in the form of a joint
account, it was not consistent with that intention to divide the monies in the account and the investments
made with monies withdrawn therefore by reference to the amounts respectively contributed to the
account by each of them and therefore the husband must be regarded as trustee for the wife of one half of
the investment and of the balance of the account.
Savings from household expenses.
IN BLACKWELL V BLACKWELL (1943) 2 ALL ER 579, on separation, the wife was found
to have 103 pounds as savings in a cooperatives society and it was established that these savings were
balances off the weekly house keeping allowance made to the wife by the husband while the parties were
still being together. It was contended that this sum was her own property. Court held that is was clear that
the source of the money was the husband’s weekly allowance and in the absence of sufficient evidence to
the contrary the money was still the husband’s property.
However lord denning dissented in the case of HODDINOT V HODDINOT (1949) 2 K.B
406, where he stated that the position adopted by his colleagues as was in BLACKWELL V
BLACKWELL might well work an injustice for it took no account of the fact that any savings from the
house keeping money were as much due to the wife’s skill and economy as a house wife as to her husband’s
earning capacity.
In light of Article 26, art. 31 of the constitution and decisions such as KIVUIT V KIVUIT AND
JULIUS V HOPE, the balance from housekeeping allowance must be shared equally.
WEDDING GIFTS.
Whether or not a gift belongs to one spouse alone or both of them is a question of the donor’s
intention. It is generally presumed that wedding presents in absence of any evidence to the contrary from
the friends of either spouse (3rd party) belongs to that spouse alone.
In SAMSON V SAMSON (1960) 1 ALL ER 653, it was stated that there is no principle of law
that wedding presents are joint wedding presents to both spouses. If there is evidence of intention on the
part of the donor, that may determine whether the gift belongs to one spouse or both, but if there is no
such evidence, the inference may be drawn that gifts from relatives and friends of a spouse were gifts to
that spouse property which was given to one spouse may also become the property of both by subsequent
conduct.
IN HOPE BAHIMBISOMWE V JULIUS RWABIBINUMI, DIVORCE CAUSE NO

4/2004, the court ordered the couple to share the marriage gifts equally given how they had subsequently
conducted themselves in regard to the gifts.
Where a donor gifts for a joint use or ownership of the spouse, the gifts will be treated as jointly
owned by the spouses.
In KELNER V KELNER (1939) 3 ALL ER 957, where a 100 pound deposited by the wife’s
father at the time of the marriage in a joint bank account in both spouses names, was ordered to be divided
equally between them. Court also noted that the spouse’s subsequent conduct may turn a gift to one of
them into joint property.
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ISLAMIC MARRIAGES
The law applicable to this type of marriage includes the following:
1. The Marriage & Divorce of Mohammedans Act 147
2. The Marriage & Divorce of Mohammedans (Appointment of Registrars) Order SI 147-1
3. The Marriage & Divorce of Mohammedans (Fees) Order SI 147-2
4. The Marriage & Divorce of Mohammedans (Jurisdiction in Matrimonial Causes) Instrument SI 147-
3
5. Sharia law
The issues for resolution usually include the following:
DISCUSSION
These are governed by Marriage and Divorce of Mohammedans Act Cap 147 provides in section 2 that
all marriages between persons professing the Mohammedan religion and all divorces from such marriages
celebrated or given according to the rites and observances of the Mohammedan religion and customary,
usual among the sect or tribe and registered as provided in the Act. shall be valid and registered as provided
for under this act.
Its based on a civil contract known as “Nikkah’
Capacity/ Preliquisities to contract a Muslim

marriage
These are spelt out in sharia law. The Quran provides in Chap 4 vs 6 that the parties intending to contract
must have attained the age of puberty. Secondly, the bride ought to give her consent. Consent of the wali
is also a preliquisite. This is fortified by Husin vs Saayah and Another (1980) 7JH 183, where court
held that without the consent of the wali, the marriage is a nullity.
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HINDU MARRIAGES
The marriage has to be witnesses by at least two males or one male and one female. This is provided for in
Quran Chap 2vs 282
There has to be payment of Mahr (Dowery). This is obligatory and it is taken as the consideration in a
contract for marriage. This is fortified by the Quran 4:4 where the husband is enjoined to give the wife
by the marriage as free gifts. Parties should not be within prohibited degrees. This is provided for in the
Quran 4:23, and these include the mother, father, daughters, son, mothers’ son’s, sister, father’s sister etc.
Celebration of the Marriage
Celebration of the Marriage is not spelt out in the Act. Therefore the Sharia practice prevails.
It must be noted that the marriage can be celebrated anywhere. This is usually at bride’s home or mosque.
There is no requirement for the Registrar of Marriages to be present. The marriage has to be witnesses by
at least two males or one male and one female. This is provided for in Quran Chap 2vs 282
Registration of the marriage.
The Marriage and Divorce of Mohammedans Act provides in section 3 and 4 for appointment of a
Registrar. Section 6 requires that the registration should be done within a month from date of marriage.
Application shall be by the husband before his death, if he dies before one month elapses, then the widow
can apply.
It must be noted that where parties are minors, application can be made by the Guardian.
Before Registration, Registrar must be satisfied that:-
1) Marriage took place
2) Parties before him are the ones who actually entered the Marriage
3) The Guardian before him is the rightful person
Effect of Non Registration
1) It doesn’t render a valid marriage invalid

2) It doesn’t render/validate an invalid marriage
3) Failure to apply for registration is an offence
The law applicable includes the following:
The Constitution 1995
The Judicature Act Cap 16
The Hindus Marriage and Divorce of Act Cap 145
The Hindus Marriage and Divorce (Marriage and Registration) Rules SI 145- 1
Case law.
T HE ISSUES FOR RESO LU TION USUALLY INCLUDE THE FOLLOWING :

Sec 1(c) defines this type of marriage as Marriage between Hindus etc.
The Preliminaries are laid out in section 2 of The Hindus Marriage and Divorce of Act Cap 145; and they
include the following;
1) Neither Party should have a spouse living at the time of the marriage.
2) Parties are of sound mind
3) Groom attained is 18 years
4) Bride attained 16 years; if not; consent of guardian should be given.
5) Parties are not within prohibited degrees if consanguinity; or kindred. The prohibited degrees are
provided in section 2(2) of the Act.
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It must be noted that the persons capable of being guardians in section 3 of the Act, include the father,
mother etc and the guardian must have attained the age of 21 years. The chief magistrate is enjoined to
appoint a guardian upon application of any interested party.
C ELEBRATION OF THE M ARRIAGE

This is provided for in Section 4 of the Act. The Marriage is solemnized in accordance with the customary
rights and ceremonies of either party thereto. If the rites include taking the seven steps according to the
Saptapadi; the marriage is completed on taking the seven step.
If the marriage is solemnized in the form of A and Koraj; the marriage becomes complete as soon as the
fourth step is completed.
Section 6 of the Act provides that a marriage solemnized after the commencement of the Act shall be void
if the former husband or wife of either party was living at the time of the marriage and the marriage with
that former husband or wife was then in force and section 153 of the Penal Code shall apply.
Section 8 of the act provides that the Divorce Act shall apply to marriages solemnized under the Hindu
Marriage and Divorce Act.
DOMICILE.
 Robinah Erina Kagaya Kiyinji vs. Dr. Aggrey Kiyinji UGHC civil appeal No.41 of 2014 defines
domicile as a country in which a person is or a person’s permanent home.
 The Black’s Law Dictionary at page 523, defines domicile as a place at which a person has been
physically present and that the person regards as home; a person’s true, fixed, principle and
permanent home, to which that person intends to return and remain even though currently
residing elsewhere.
 Therefore, domicile is the status attributed to a person who is a permanent resident in a particular
jurisdiction. It can as well mean that a person is domiciled in that country in which he either has
or is deemed to have his permanent home. Therefore, domicile depends on the fact of a person
being physically a resident of a place plus intention of remaining in a certain area.
 Lord Canworth in Whicker v Hume [1853] H.L.L Pg. 124 said that “by domicile, we mean home,
the permanent home and if you do not understand your permanent home, I am afraid that no
illustration drawn from foreign writers or foreign languages will very much help you to it”. This
espouses that, a person’s domicile is the place where one calls home, it is the place with which one
is most closely associated
 This refers to habitation in a place with the intentions of remaining there forever or permanently
unless circumstances occur to alter this intention. Whicker V Hughes (1843) ALLER 460. In
which court stated that domicile means a permanent home with all intention to permanently stay
there unless something happens to change that intention
 In Mark v Mark (2005) UKHL 42 Baroness Hale said:
 “Domicile…is a concept of the common law. A person must always have a domicile but can only
have one domicile at a time. Hence it must be given the same meaning in whatever context it arises.
It governs capacity to marry or to make a will relating to moveable property; it is one of the factors
governing the formal validity of a will; the domicile of the deceased also governs succession to
moveable property and is the sole basis for jurisdiction; legitimacy, to the extent that it is still a
relevant concept, is governed by the law of the father’s domicile; domicile is one of the bases of
jurisdiction, not only in matrimonial causes but also in declarations of status or parentage; it is the
sole basis of jurisdiction to make an ordinary adoption orders, or a parental order. This is not an
exhaustive list but it shows the particular importance of domicile as a connecting factor in family
law.”
 Domicile should be distinguished from nationality which is the relationship between the state and
an individual. Where the state and country co-exist, the two may mean the same. However, where
the country is federated into different legal systems, nationality and domicile will be different for
example one might have American nationality and a domicile of Texas which is a state in the
United States or a British Nationality but a domicile of England. The difference between
nationality and domicile is further emphasized in the case of Robbina Erina Kagaya Kiyinji where
it was held that domicile must not be confused with nationality, for the latter is rarely a relevant
factor where family matters are concerned. Therefore, it is possible for a person to have a domicile
in a country without a nationality. Furthermore, a person maybe a subject or a national of a state
but may have his domicile in some other area which has its own system of law and courts as
different from where he or she is a national. Hence, the law of domicile is one of the ways of
determining which law will be used in solving a case involving such a person who is a national of
a certain state but with a domicile of another.
 Domicile is very important for the following reasons.
 (i) It determines the validity of the marriage i.e. whether the parties have contracted
celebrated their marriages according to the laws of the country of domicile Musinga v Musinga
(1993) 6 KLR 160
 (ii) It determines the mutual rights, obligations of the husband, wife and the children.
 (iii) It helps in determining property rights between the husband and the wife.
 (iv) Determining the legitimacy of the children
 (v) Important in determining whether a court has jurisdiction in nullifying / dissolving a

marriage.
 The courts will usually entertain proceeding of the dissolution or nullification of a marriage if the
marriage was celebrated in Uganda or if the petitioner is of Ugandan domicile.
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 Read Section 1 of the Divorce Act which provides that nothing in this Act shall authorize;
 a) The making of any degree of dissolution of marriage unless the petitioner is domiciled in
Uganda at the time when the marriage is presented. Joy Kiggundu vs. Horace Awori.
 b) The making of decree of nullity of marriage unless the petitioner is domiciled in Uganda
at the time when the petition is presented or unless the marriage was solemnized in Uganda
Thakkar v Thakkar Divorce Co. No. 3 of 2002.
 Domicile should be distinguished from nationality which is acquired by birth or operation of law.
 See chapter 3 of the constitution.
 It should also be distinguished from mere residence in a country without the intention to
permanently staying there.
 There are three types of domicile
 a) Domicile of origin or natural domicile
 b) Domicile of choice
 c) Dependent domicile
 Domicile of Origin
 This refers to that domicile acquired by birth. Therefore, children normally acquire the domicile
of their father. However, in case a child is born after the father’s death its domicile may depend on
the laws of the country. Many laws in such cases allow the mother to keep the domicile of the
child.
 Domicile by Choice
 A child’s domicile of origin remains with him unless a domicile of choice is established. This arises
“when a man fixes voluntarily his sole or chief residence in a particular place with an intention of
continuing to reside there for an unlimited time”, as Lord Justice Buckley outlined in IRC v
Bullock [1976] 1 WLR 1178.
 It is acquired when a person attains the age of majority. There are 2 essential requirements that
one must satisfy to prove domicile of choice
 a) One must have/ show the intension to stay in a place permanently
 b) One must prove some overt act to demonstrate this intention
 The classic definition of domicile of choice is contained in the case Udny v Udny [2001] 1 FLR
921, which was decided in 1869. In that case, it was held:
 “Domicile of choice is a conclusion or inference which the Law derives from the fact of a man
fixing voluntarily his sole or chief residence in a particular place, with an intention of continuing
to reside there for an unlimited time.
 “To acquire a domicile of choice, a person must reside in a country with the fixed intention of
settling there and making it his or her sole or principal home for an indefinite period. Residence
simply means ‘physical presence in a country as an inhabitant of it’.
 “Having acquired a domicile of choice, a person retains it until it is abandoned. Once abandoned,
it is possible to acquire a new one. But if there is a hiatus, the domicile of origin revives.
 “Abandonment only takes place when the person has left the country with no further intention
of ever residing there again.”
 In Thornhill V Thornhill (1965) EA 268. Where the husband petitioned for dissolution of his
marriage on grounds of his wife’s adultery with another man, the issue before court was whether
the husband had acquired the domicile of choice in Uganda. Evidence showed the petitioner was
born in Wales in 1918, he lived in Ceylon, and he was educated in the UK and came to Uganda in
1961 where he was employed by a company to manufacture tea. The petitioner had a substantial
holding in this company. In allowing the petitioners claim, court held that the petitioner had
proved that acquisition of domicile of choice and his petition can’t be affected by the lack of
Ugandan nationality.
 In Titiana Adebeyi v Adebeyi Adenji Divorce Case No.2 of 1990 Justice Mukasa-Kikonyogo, J.
held that although both the petitioner and respondent were non- Ugandans and their marriage
had not been solemnized in Uganda, on evidence adduced by the petitioner, the court was satisfied
that she had acquired a domicile of choice. She had proved that she had settled intention to stay
in Uganda permanently.
 In Drogen Beroceh v Collen and Gibbon, court held that although the petitioner had stayed in
Uganda for 21/2 years and proved ownership of property, it wasn’t enough evidence to show that
he had acquired a domicile of choice in Uganda.
 In Musinga V Musinga, the petitioner’s domicile was held to be Ukraine and not Uganda since
she was only in Uganda for 5 years as a result of her employment. However, the court had
jurisdiction to hear the case because the 2nd marriage between the parties was solemnized in
Uganda.
 Dependant Domicile
 This refers to domicile acquired by minors, married, and mentally ill persons (Ref. Principles of
Conflict of Laws, Pg. 194). This is in effect that no dependent person can acquire a domicile of
choice. The domicile of such a person depends on, and changes with the domicile on a person
with whom they are legally dependent.
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 Section 14 of the Succession Act, Cap 160 states that; by marriage, the woman acquires the
domicile of her husband if she had not the same before. Section 15 of the Succession Act, Cap 160
states that subject to Subsection (2), the domicile of a wife during a marriage follows the domicile
of her husband.
 This is acquired by children and married women at common law; a woman automatically acquires
her husband’s domicile on marriage and retains it throughout the subsistence of a marriage or
until his death. In the case of Joy Kiggundu vs. Horace Awori [KALR] 2001 at pgs. 374, Court
held that; a wife, as long as she is not judicially separated from the husband still lives; her domicile
is that of her husband. It is therefore evident that a married woman acquires the domicile of her
husband and her domicile changes with that of her husband even if they live apart. In Lord
Advocate vs. Jaffrey [1921] 1 AC at page 146, The Court of Appeal held that; the wife was
domiciled in Scotland.
 However, a wife can lose a domicile of dependency if the husband dies. In the case of Sculland
Decd Smith vs. Brock & Others [1957] 1 Ch. D 107. Court held that; after the death of her
husband the widow showed her continued intention to reside permanently in Guernsey and she
had a domicile of choice in Guernsey at the time of her death.
 A wife can as well lose her dependent domicile through a decree of divorce and not by order of
separation. (See section 15 (2) of the Succession Act, Cap 162). It must be a divorce issued by a
competent Court. In the Case of A.G of Alberta vs. Cook [1926] AC 444, the Court of Appeal
dismissed the suit on ground that it had no jurisdiction as the respondent had the domicile of
Ontario and that an order of separation cannot amount into a divorce which in turn means that a
wife can have a domicile of a choice separate from that of her husband. Lord Marrivel in his
judgment explained the rationale that ‘’ the contention that a wife judicially separated from her
husband is given choice of a new domicile is contrary to the general principle on which the unit
of the domicile of the married pair depends’’. Therefore, in regard to a woman losing her domicile,
it can happen only when there is a divorce order instituted by a competent court.
 Another category of persons with dependent domicile is that of minors. Minors have a dependent
domicile and is acquired upon birth where a legitimate child acquires the domicile of the father,
while an illegitimate child acquires that of its mother. (See section 13 (1), 16 OF The Succession
Act, Cap 162, Section 43 (3) of the Children Act, Cap 59). In the case of Re: Beaumont [1893]
Ch. D 490, wherein Court held that the domicile of other children was England. However, that
of his child continued to be Scotland.
 Mentally incapacitated people have a domicile of dependency (See section 17 of the Succession
Act, Cap 162). In Urgahart vs. Batterfield [1887] 37 Ch. D 337, it was stated that if an
independent person becomes insane, he becomes incapable of acquiring a domicile of choice
because he is un able to exercise any will. This serves to mean that such an insane person acquires
dependent domicile. The section also means that even if he/she has become of a majority age, his
domicile cannot be changed by him. His or her domicile will be dependent of another person.
Importance of domicile in a marriage

Domicile helps in determination of the law governing the marriage.
It also helps in determining the jurisdiction of the courts in matrimonial causes.
The law of domicile also helps in proceedings for adoption of children.
Formal requirements of a marriage are governed by the domicile of the party to the marriage. This is
fortified by section 10(1) a of the Marriage Act cap 146.
T HE M ARITAL S TATUS L ETTERS

This letter is issued to Ugandans wishing to have their marriages performed outside Uganda. The letter
confirms that the applicant is single and has capacity to enter into a marriage. The applicant presents the
following documents in support of his or her application;
 A recommendation letter from the LC1 chairperson of the locality where the applicant's parents
reside
 A photocopy of the applicant’s long birth certificate to prove parentage.
 Proof of nationality for example a passport or national Identity card.
 A registered statutory declaration from the applicants to prove that he/she is single.
 A registered statutory declaration from the parent to prove that their son/ daughter is single.
 Application or cover letter from the applicant requesting for a single status letter
Fees Payable: Search fees – 25,000/= UGX And Ug Shs.55,000/- per Statutory Declar
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TOPIC TWO
DIVORCE
An action for divorce is founded on a breach of an obligation arising out of a valid marriage
contract. Where the marriage is void, divorce is not applicable.
In civil, church or Hindu marriages, the law applicable is The Divorce Act Cap 144
For Islamic marriages, the marriage and divorce of the Mohammedans act applies.
For customary marriage, the various customs under which the marriage was contracted apply to
the divorce in so far as they conform to the constitution. KINTU V KINTU. Following the decision in
MIFUMI, where the refund of bride price was declared unconstitutional it’s not.
Article 31(1) of the constitution is applicable to all the divorce in all the various marriage.
DIVORCE UNDER THE VARIOUS

MARRIAGES
CUSTOMARY MARRIAGES
Depends on the communities and not the Divorce Act as enunciated in Kintu Vs Kintu DA 135.
The grounds for divorce include witchcraft, laziness, barrenness, incompatibility, impotence and adultery.
CIVIL MARRIAGES
TERMINATION OF MARRIAGES
A valid marriage may be terminated either by the death of the parties or by dissolution or divorce
pronounced by a court of competent jurisdiction.
Divorce is defined as the termination of a valid and subsisting marriage by a court of competent
jurisdiction. It must be noted that for court to pass a decree of divorce, the Petitioner should have been
domiciled in Uganda at the time the petition is presented.
The law applicable to this scope of study includes the following:
The Marriage Act Cap 146
The Divorce Act Cap 144
The Divorce Rule SI 144-1
The Civil Procedure Act Cap 282
The Civil Procedure Rules SI 282-1
Case Law
Common Law and Doctrines of Equity
Before consideration of Divorce, it is incumbent to have the checklist below for resolution:
1. Whether there is a valid and subsisting marriage between the parties?
2. If so, whether the facts disclose any matrimonial offences?
3. If so, whether X can petition court for divorce?
4. What is the forum, procedure and documents?
MATRIMONIAL OFFENCES
These offences are specifically provided for in the Divorce Act and the Marriage Act and they are discussed
under the sub topic of judicial separation;
GROUNDS FOR DIVORCE UNDER THE DIVORCE ACT.

The divorce act under S.4 provides for the grounds for divorce. These include: adultery,bigamy,rape,
desertion. In the case of UGANDA WOMENS LAWYERS ASSOCIATION V ATTORNEY
GENERAL, CONSTITUTIONAL PETITION NO.2 OF 2003, court held that any of the grounds
stipulated in S.4 was sufficient to entitle the petitioner to a divorce.
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In the case of KAZIBWE V KAZIBWE, D.C NO.3 OF 2003, court held that the position of law is that
both adultery and cruelty are distinctive grounds each on its own rights upon which a decree for
dissolution of marriage may be issued. The petitioner (wife) could therefore obtain a decree for divorce
after proving to the satisfaction of the court either the ground of adultery or cruelty or both. IN
REBECCA NAGIDDE V CHARLES STEVEN MWASA, CACA NO.160 OF 2006, the C.A set
aside the decree nisi granted by the H.C on grounds that no matrimonial offence had been proved. The
court reasoned that before the court grants a decree nisi, it must be satisfied that the petitioner has proved
at least one matrimonial offence.
Buagu Ndugga Musazi versus Nanyonga Susan Divorce Cause No. 111 of 2022. Justice Cecilia
emphasized that for foreign marriages to be recognized under Ugandan law, they must be registered in
Uganda. She highlighted that for a divorce petition to be valid under the Divorce Act, Cap. 144, the
marriage must be registered in Uganda and the petitioner must be domiciled in the country. This requires
not only residing in Uganda but also demonstrating an intention to make it a permanent home, thereby
establishing a domicile of choice. Background:
Adultery
In the case of HABYARIMANA V HABYARIMANA (1980) HCB 139, adultery was defined as
consensual sexual intercourse during the subsistence of the marriage between one spouse and a person of
the opposite sex not being the other spouse.
Burden of proof and standard of proof

In MARY RUHARA V CHRISTPOHER RUHARA (1977) HCB 86, court held that the basic rule
as established by case law is that in cases of adultery the burden of proof lies on the petitioner and its
heavier burden than that lies on a party to an ordinary civil action though it is not high as in criminal case.
E LEMENTS OF ADULTERY
1. That the person was married
2. They had sex with another person not being their spouse. The sexual intercourse must be
complete for those to be adultery. IN DENNIS V DENNIS (1955)2 ALL ER 51, the court
held that there is no distinction to be drawn between the words sexual intercourse in the definition
of adultery and carnal knowledge in criminal law. It must be shown that there was penetration of
female organ by the male organ however slight.
E VIDENCE IN ADULTERY CASES .

It is not necessary to prove a direct fact of adultery. Adultery can be proved by circumstantial
evidence as long as that evidence is cogent to the extent that it raises no other inference other than the fact
that the respondent committed.
PRESTON JONES V PRESTON JONES (1951)1 ALL ER 124, where the respondent had
given birth to a child 360 days after the last time she had had sexual intercourse with her husband the
petitioner who for all those days had been away.
In FRANK NIGEL OTHEMBI V ADONG GRACE CHODA DC NO.2 OF 1998, the

petitioner found love letters in the respondent’s bag.
Condonation of adultery.
Under S.9 of the divorce act cap 144, adultery is deemed to have been condone where the offended
party resumes conjugal cohabitation or was continued after discovery of the adultery.
In Y.MUGONYA V TROPHY NAKABI MUGONYA (1975) HCB 297, it was stated that
proof of condonation requires evidence of forgiveness and reinstatement of the relationship although
further commission of matrimonial offences receives the condoned offence.
2. C RUELTY
Under S.4(e) of the D.A, a spouse may petition for divorce on grounds of cruelty. In the case of
HABYARIMANA V HABYARIMANA, the court stated that no conduct can amount to cruelty in
law unless it has the effect of producing actual or apprehended to the petitioners physical or mental health.
KASASA V KASASA (1976) HCB 348, the court held that in order to constitute cruelty, the
petitioner must prove that the respondents conduct constitutes danger to their life, limbs or health, bodily
or mental or a reasonable apprehension of it.
The conduct of the respondent to constitute legal cruelty must be beyond the reasonable wear
and tear of marriage life. In RUHARA V RUHARA, it was held that scalding a person with burning oil
would be the most cruel and brutal act and a clear injury to life and limb.
In the case of HABYARIMANA V HABYARIMANA (1980) HCB 139, the court held that
before coming to a conclusion as to whether the respondents conduct amounts to legal cruelty, the court
must consider the impact of the personality and conduct of one spouse or mind of the other and all
incidents and quarrels between the spouses must be weighed from that point of view and regard must be
heard on the circumstance of each case and the mental and physical conditions of the parties ,their
characters and social status. It has further been suggested that in deciding whether a particular conduct
amounts to cruelty as a matrimonial case, the whole relation, the entire conduct, the personality, the
character and the social status of the parties must be taken into account.
The court in HABYARIMANA, further noted that the burden of proof lies on the petitioner
and the standard of proof is slightly higher than the preponderance of probability required in ordinary
civil cases.
In KIRUNGI DOREEN V MUGABE RONALD, DIVORCE CAUSE NO. 48 OF 2013,

the respondent had abandoned the matrimonial home and moved to live with his mother. Before that he
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had also stopped sleeping in the matrimonial bed and opted for the couch. The court held that the
respondent was guilty for cruelty. It reasoned that looking at the evidence in totality, the entire
matrimonial relations between the parties including their conduct amounted to cruelty. This was manifest
in his denial of sexual intimacy to the petitioner, physical and verbal abuse and heavy drinking.
3. Desertion. (it’s a form of self-help divorce)
(S.4(f) of the divorce act cap 144)
In the case of PATEL V PATEL (1965) E.A 560, court held that the constituents of desertion include:
1) That the husband or wife left the matrimonial home for the statutory period two years
2) Did so without the consent of the other partner
3) Did so with the intention of permanently ending cohabitation.
IN ERUME V KYOMUGISHA, DIVORCE CAUSE NO.9 OF 2014, the wife disappeared without
trace and the husband was granted a divorce on grounds of dissertion.
The black’s law dictionary defines desertion as an actual abandonment or breaking off matrimonial
cohabitation, by either of the parties, and a renouncing or refusal of duties and obligation of the relation
with an intent to abandon or forsake entirely and not to return or resume marital relations.
E LEMENTS
1. Intention to desert.
This is the notice to desert. There is no desertion unless the guilty spouse has the intention of remaining
permanently separated from the other.
If a spouse is away for business, is deployed in the army, ill, or in prison, the desertion is voluntary and will
not be construed unless the intentions can be expressly proved.
In KAYE V KAYE, THE TIMES 1953, the separation was not voluntary and under computation for
all practical purposes, it was never possible for the wife to leave Poland and come to England, nor was the
husband ever able to join her there.
Where the deserting spouse is alleged to be insane, it is a question of fact to be determined by the courts
whether he or she is capable of forming the necessary animus.
IN PERRY V PERRY (1963) ALL ER 766, the wife left her husband because she suffered from an
(unfounded) insane delusion that he was trying to murder her. It was held that her conduct had to be
judged as though her belief was true and in these circumstances it was clear that there could be no desertion
because she believed that she had good cause for leaving her husband.
In KIRUNGI DOREEN V MUBAGE RONALD (SUPRA), court held that he had unreasonably
deserted the petitioner by virtual of his having abandoned the matrimonial bed though his refusal to have
sexual intercourse with the petitioner.
C ONSTRUCTI VE DESERTIO N .
Where a spouse behaves in such a willful unreasonable and unjustifiable way that the other is
driven out of his or her behavior, then there is desertion.
Constructive desertion is therefore above republic conduct which has to be ascertained in light of
the presumption that a man intends the natural and probable consequences of his acts per court in
EDWARDS V EDWARDS (1948) P.268 C.A
In LANG V LANG (1955) A.C 402, Lord Potter held that it is the intention of the deserting
party which establishes desertion and that the intention permanently to end a relationship can be readily
informed. Where a husbands conduct towards his wife was such that a reasonable man would know, and
that the husband must have known, that in all probability it would result in the departure of the wife from
the matrimonial home. That in the absence of rebutting evidence, there was sufficient proof of an
intention on his part to disrupt the home and the fact that he nevertheless desired or requested her to stay
did not rebut the information to be inferred from his acts that he intended to drive her out and he was
guilty of constructive desertion.
However, irritating idiosyncrasies” which get on a wife’s nerves are part of the lottery in which
every spouse engages on marrying.
In BUCHLER V BUCHLER (1947) P.25 AND 45, Asquth, LJ emphasized that the conduct
must be more than the ordinary wear and tear of married life. The court stated constructively, the deserter
may be the party who remains behind, if that party has been guilty of conduct which justifies the other
party in leaving. Secondly to afford such justification, the conduct of the party staying need not have
amounted to a matrimonial offence such as cruelty or adultery. But thirdly, it must exceed in gravity such
behavior, vexatious and trying though it may be a every spouse bargains to endure when accepting the
other for better or worse. The ordinary wear and tear of conjugal life does not in itself suffice.
4. Rape, sodomy or bestiality
5. bigamy
David Kihumuro Kaahwa versus Christine Kawino Jasi Divorce Cause No. 127 of 2023. Desertion
is a crucial ground for divorce under matrimonial law, characterized by the abandonment of the marital
home without reasonable excuse and with the intention to end the marital relationship. According to
Section 4(f) of the Divorce Act, Cap. 144, a spouse may petition for divorce if the other spouse has
deserted them for at least two years. This requires both physical separation and animus deserendi
(intention to desert) to be present throughout the period. In the case of Lang Vs Lang [1995] AC 402, it
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was established that these elements must coexist for desertion to be valid. Furthermore, Santos Vs Santos
[1972] Fam 247 highlighted that unless and until the innocent spouse withdraws consent to the other’s
absence, desertion cannot be found, emphasizing the importance of communication and consent. In the
latter case (David Kihumuro Kaahwa versus Christine Kawino Jasi, Divorce Cause No. 127 of 2023), the
petitioner demonstrated that the respondent had left the marital home in 2011 and had not returned for
over ten years, effectively destroying the marital union. Despite numerous attempts to contact her,
including through her provided number and via WhatsApp, the respondent did not respond. This
prolonged absence without reasonable cause was deemed to constitute cruel treatment and a fundamental
breach of marital obligations. Given the respondent's unjustifiable withdrawal from cohabitation and the
resultant permanent separation, the court found that the marriage had broken down irretrievably. Citing
the fulfilled statutory period of two years of desertion and substantial evidence provided by the petitioner,
the court allowed the divorce petition and ordered the dissolution of the marriage
DECREE OF DIVORCE AND ITS EFFECTS

The decree is made in two stages; the decree is followed by the decree absolute as provided for under
section 37 of the Divorce Act. It must be noted the petitioner may apply for the decree to be made absolute
at any time after the expiration of six weeks from granting the decree Nisi. If a petitioner fails to move
court within a reasonable time, the decree Nisi be made absolute, the
Court may dismiss the suit. It must be noted that the purpose of the delay is to enable any person show
cause why the said decree should not be made absolute by reason of the same having been obtained by
collusion, or by reason of material facts not having been brought before court. This is fortified by the case
of Neogy v. Neogy 19G7 EA GG4 (see) dictate to students.
The Decree is only pronounced if court is satisfied that the petitioner has proved his/her case and has not
been accessory to or has connived with the Respondent in the act complained of.
Secondly, though the petition is brought before the court, court shalI not be bound to pronounce the
decree if it finds that the petitioner has during the marriage been guilty of adultery or has taken
unreasonable delay in presenting the petition.
E FFECT OF PRONUNCIATI ON OF DECREE

First and foremost, the marriage is dissolved and as a result, either spouse is thereafter free to re-marry. It
must be noted that the decree nisi does not have this effect and if either party remarries before it is made
absolute. To this end, the subsequent marriage shall be void. This is fortified by section 39 of the Divorce
Act.
Secondly, the court may award damages against a co-Respondent for committed adultery with the wife of
the petitioner, it must be noted that if the petitioner claims damages for the same, section 21 of the divorce
act cap 144 warrants that court may order male co-respondent to pay the damages granted and failure to
pay can lead committal to civil prison.
Thirdly, Court may make orders as to payment of permanent alimony by the husband to the wife that is,
the husband is made to secure to the wife such sum of money as awarded by court. Permanent alimony is
provided for in section 24 of the Divorce Act cap 144. Court may order upon passing of a decree absolute
or on a decree of judicial separation obtained by the wife; whereby the husband is ordered to secure to the
wife such sum of money as having regard to her fortune if any to the ability of the husband, and the
conduct of the parties; as it thinks reasonable.
Alimony may be paid by yearly, month or weekly payment for any period not exceeding the life of the
wife as provided for under section 24 of the Divorce Act. Another point worth noting about alimony is
that the alimony should not exceed one fifth of the husband’s average net income. This principle was
enunciated in the case of Gakwavu v. Gasengayire (1977) HCB 322.
Fourthly, court may make orders as relates to property under section 26 and 27 of the Divorce Act. This
is fortified by the case of Saidi v. Mwanamkulu (1978) LRT 200.
Lastly but not least, court may make orders as to the custody, maintenance & education of the minor
children of the marriage or for placing them under the protection of court under section 28 of the Divorce
Act cap 144. This is fortified by the case of Nyakana v. Nyakana (1979) HCB 26.1 where court held
on custody.
J U RISD ICTION (F ORUM )

This is conversed in section 3 of the Divorce Act which states that where all parties are Africans, or where
a petition for damages is lodged in accordance with section 21, jurisdiction may be exercised by a court
over which presides a Magistrate Grade I or a chief Magistrate.
The High Court has jurisdiction where not all the parties are African. It should be noted however that the
High Court has original jurisdiction in all matters, so one can invoke the inherent powers of the High
Court to hear the matter.
In HOUGH V HOUGH, DIVORCE CAUSE NO.001/2006, the court held that the court in Uganda
will have jurisdiction to hear the matter for as long as the petitioner establishes Uganda as his or her
domicile of choice/origin. The court declared the issue of dependence domicile in relation to wives as
being unconstitutional.
In order to satisfy the court that the parties have acquired domicile of choice, they must prove that
they have abandoned their domicile of origin and they have settled intention to permanently stay in
Uganda.
The blacks aw dictionary (7th ed p.256), defines domicile as a place at which a person has been
physically present and that the person regards as a home, a person’s true, fixed, principle and permanent
home, to which that person intends to return and remain even though currently residing elsewhere.
IN THORNHILL V THORNHILL (1965) EA 268, character and duration won’t be material

where there is personal presence.
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IN ROBINAH KIYINGI V AGGREY KIYINGI C.A NO 41/2004, court held that the
burden of proof is on the person alleging he has acquired a domicile of choice.
The aspect of domicile must be strictly stated in the petition/pleadings. IN SATIVINDER

SINGH V SANDNAR KAWR, H.C DIVIORCE CAUSE NO.2 OF 2002), judge Kagaba among
other things dismissed a petition which was defective for non-disclosure of the domicile of the petitioner.
The judge stated that divorce must be ascertained in order to determine whether the court has the
jurisdiction to entertain the petition and grant the reliefs prayed for. Mere stating that the parties were
Indian origin was not enough disclosure of domicile.
GROUNDS FOR DIVORCE

Section 4(1) of the Divorce Act provides grounds for divorce for the Husband. Thus, where since
solemnization of the said marriage, the wife has been guilty of adultery, the husband can petition court
for divorce. This means the husband relies on one ground.
Section 4 of the Divorce Act provides grounds for divorce for the Wife. Thus where since the
solemnization of the marriage,
a) Adultery, under Section 4 (a).
c) Bigamy and adultery, under Section 4(c)
d) Marriage with another man couple with adultery, under Section 4(d)
e) Rape, Sodomy and bestiality, under Section 4(d)
f) Cruelty, under Section 4(e)
g) Desertion without reasonable excuse for a period of two years or more , under Section 4(f)
It must be noted further that where the husband is relying is the Petitioner and relying on adultery as a
ground, the alleged adulterer has to be joined as co respondent unless he is excused by court. Under
paragraphs (a) and (b) of section 4 of the Divorce act.
Nancy Akite Burua v. Joe Burua, Divorce Cause No. 93 of 2019, High Court of Uganda (Family
Division), It was held that Infidelity ASWELL AS Marital neglect, characterized by a spouse's consistent
failure to provide emotional, financial, or moral support within the marriage, can amount to cruelty under
matrimonial law.
J U RISD ICTION IN I SLAMIC MARRIA GES .

The marriage and divorce of Mohammedans act, under S.18 provides for jurisdiction under the
act, any competent court can grant relief albeit doing so under Mohammedi’s law.
Article 129(1) (d) of the constitution provides for Qadhn courts although these have not yet been
operationalized by an act of parliament, the court in the case of SUMAYA NABAWANUKA V MED
MAKUMBI (DIVORCE CAUSE NO.39 OF 2011), premising its decision on Art.274 of the
constitution held that sharia courts operated by the UMSC were courts of competent jurisdiction to hear
matters in matrimonial proceedings under the marriage and divorce of Mohammedi’s act.
Court further held that the high court has jurisdiction to handle Mohammedan divorce and the
law applicable must be Mohammedan law and not the law as provided in the D.A
Look at the marriage and divorce of Mohammedan (jurisdiction) regulations (S.1NO 147-3)
J U RISD ICTIO N IN customary MAR RIAGE .

The customary marriage (registration) act is silent about the applicability of the divorce act. The
law recognizes customary marriages and customary divorce however, it merely outlines that the marriage
and divorce would be in accordance to one’s culture (S.1 (2))
IN KINTU V KINTU ,DIVORCE APPEAL NO1997, justice.135 OF Bbosa, held that the
formal courts have the jurisdiction to dissolve customary marriages however they must do so applying the
customs of the culture under which the marriage was contracted in as far as those custom to the
constitution.
P ROCEDURE IN DIVORCE PROCEEDINGS UNDER TH E DI VORCE ACT .

1. Proceeding for divorce are brought by petition to the court as provided under S.4 of the act.
IN ANNE MUSISI V HERBERT MUSISI AND ANOR (DIVORCE CAUSE NO.14
OF 2007), it was held that divorce proceedings are commenced with a petition for dissolution
of marriage by divorce, setting out the grounds on which the prayer for orders as to divorce
relies.
2. S.29 provides that the proceedings under the D.A are regulated by the civil procedure act.
3. S.30 provides that every petition concisely states the nature the facts on which the claim is
based and shall be verified as if it were a plaint and may be referred to as evidence during
hearing. (This case it must be commissioned).
4. Court may grant interlocutory applications that may arise during the proceedings for example
in BASHEIJA V BASHEIJA AND ANOTHER, DIVORCE CAUSE NO.12 OF 2005,
where the court granted an interlocutory application to stay proceedings, when the petitioners
counsel prayed for the order since the parties were in advanced stages of reconciliation.
5. Proof of service of petition and summons is crucial as is the case in normal civil proceedings.
6. Divorce proceedings may be held in camera. In KIRUNGI V MUGABE, DIVORCE

CAUSE NO.48 OF 2013, the court granted prayers as to the sitting of court in chambers
and noted that matters of divorce warranted meticulous privacy. S.34 of the act also provides
for sittings in camera.
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DIVORCE IN ISLAM.
Islam immensely disapproves of divorce and encourages reconciliation of the event of
disagreement but allows for divorce when it becomes inevitable. In AYOOB V AYOOB (1968) EA 72,
court stated that marriage in Islam is not a temporary union and is meant for the entire span of life.
Dissolution is however permitted if it fails to serve its objectives and has irretrievably broken down. It is
purely contractual and not sacrament as it is in Christianity.
Ground.
The general ground of divorce in the Quran is the hopeless failure of one or both parties to
discharge their marital duties and to consent with each other in kindness, peace and compassion.
Forms.
Marriage under Islamic law may be dissolved in four ways:
1. By the husband through talaq (outside court)
2. By mutual agreement of the spouses (khul)
3. By a judicial order of separation in a suit that may be raised by either of spouses. (fask)
4. Lian which is divorce by oath.
TALAQ
P RE - REQUISITES
 Husband should be sane
 Husband should not be a minor
 Husband should be exercising own discretion
In AYOOB V AYOOB, court held that a Mohammedan marriage could be dissolved by talaq
Number of pronouncements.
An adult of sound mind, married person has the right to pronounce “divorce” (talaq) to his wife
during the marital life three times.
The Quran 2; 229 says, a divorce is permissible twice, after that the parties should either hold
together on equitable terms or separate with kindness.
For two times the husband has the right to revoke the pronouncement and can continue usual
marital relationship
When he gives the 3rd talaq, then the spouses do not remain married.
When to give the talaq.
The wife should not be in her menses when the talaq is pronounced. Quran 65:2
Effect/re-marrying
If a husband divorces his wife (irrevocably) he cannot after, re marry her until after she has married
another husband and divorced her. After that period, the parties may re-unite. Quran 2:230.
Procedure
1. The words used to convey the divorce must expressly convey the intention that the marriage tie is
being dissolved.
2. The Talaq must be pronounced when the wife is in state of purity and the husband must abstain
from having sexual inter course with his wife after pronouncing talaq for the period of the three
months.
3. The divorce may be given orally or in writing but must take place in the presence of two just men
to keep testimony. Quran 65:2
Statutory provisions.
S.2 of the marriage and divorce of the Mohammedan act requires that the method of divorce to
be carried out has to be in conformity with the rites and observances of the Mohammedan.
S.6 (1) (a) of the act provides for the registration of divorce by the husband within one month
from the date of divorce.
C ASES .
In THE KING V THE SUPERINTENDENT REGISTRAR OF MARRIAGES,
HAMMERSMITH (EX PARTE MIR-AWRIWARUDA) (1917) KB 634, one of the issues raised
was whether the declaration of divorce (talaq) made by the husband has the effect in England of dissolving
a marriage contracted according to marry gain in England. The court held that a marriage solemnized in
UK between a Mohamed domiciled in India and a Christian woman in UK cannot be dissolved by the
husband handing to the wife a writing of divorcement although that would be an appropriate mode of
effecting the dissolution of a Mohamedan marriage according to Mohammedan law.
In RE MOHAMED HUSSIN AND HAZIMAH (1990)7 JH 189, the husband pronounced

three talaqs at the same time. The appeal committee held that the three talaq pronounced at the same time
effected only a single divorce. The appellants thus could re marry.
FASK.
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Fask is a decree by the Khadi (judge) after the careful consideration of an application by the wife.
Its basis is in Quran 2:229
G ROUNDS .
1. Defect in one of the spouses: according to Malik School, shafii and hanbali schools, each couple is
entitled to get divorce due disease and physical defect e.g. leprosy, madness, leucocythaemia and
impotency. According to Shafii School what forms the basis is the infectitiouness of the disease
that are passed from husband to the wife.
2. Failure to provide maintaince.
3. Cruelty: if the fears that the husband will injure her person to such an extent that she is unable to
live with him as husband and wife. Quran 4:128. In the Tanzanian case of ZAINABU V
MOHAMMED (1973) EA 280, the wife brought the suit for divorce on grounds of interlia
cruelty. Court held that evidence of cruelty would lead to the dissolution of marriage under fask.
4. Desertion by the husband: the reason for giving the right to the wife is to save her from injury and
hardship.
KHULA
It is an irrevocable divorce and is divorce by the woman. IN SALUM V ASUMIN, court held
that a khula divorce is obtainable at the initiative of the wife and that although consideration for the khula
divorce had not been paid in full, there was a valid divorce and the amount paid should be recovered from
the wife or her father. Seaton j in particular said “with regard to divorce (khula) to be clear from the
authorities of Mohammedan law” khula divorce is obtainable at the initiation of the wife. It is
accomplished at once by means of appropriate words spoken or written by the two parties or their
respective agents, the wife offering and the husband accepting compensation out of her property for the
release of his marital rights.
In HALIMA ATHUMANI V MAULIDI HAMISI (1991) TLR 179, appellant applied for
divorce against her husband on grounds of cruelty on the part of her husband. She alleged that her
husband insisted to have sex against the order of nature which she vehemently resisted. The court
indicated that under the law, there are two ways in which female spouses may seek dissolution of the
marriage. 1st is fask divorce, 2nd a Moslem spouse can proceed to demand Khulu before a sheikh.
 The provisions on registration apply.
LIAN.
If a husband puts forward slanderous accusation against his wife or a wife against her husband,
the holy Quran lays down the procedure under 24:6-7 and 24:8-9. If a husband accuses his wife of adultery
he has to bring four witnesses to prove his case. Quran 4:15 but if he fails to do so he as to swear four times
by God that he speaks the truth and 5th that the curse of God be on him if he be lying Quran 24:6-7.
Against this if the wife also swears four times by God that her husband was telling a lie and fifthly if she
invokes the wrath of God on her if her husband was speaking the truth. There is a deadlock then.
In this case, the Khadi holds the marriages dissolved as the couple isn’t fit to live any longer as
husband and wife.
Remedies of the parties upon divorce.

The M&DMs act does not prescribe the remedies available to a party and S.19 specifically excludes the
applicability of the divorce act. The section further grants power to any competent court given power to
grant relief as provided under Islamic law to the party aggrieved. Thirdly, the H.C may exercise its inherent
powers and grant appropriate remedies in accordance with Muslim law.
In RE HAMZA MOHAMED AND NASHAT MOHAMED (Minors) H.C FAMILY

MISC APPLIC NO.89 OF 2012. The court considered the relief mentioned under S.19 of M&DMs
Act. The application was brought by the wife under S.19. Mukiibi J stated that Section 19 means that any
party to an Islamic marriage may come to the court seeking relief by way of divorce and any other
consequential orders but the court must apply Islamic law. The H.C up held the decision of the sharia
court (at UMSC0 decision granting divorce to the parties and custody of the children to the wife and other
relief.
a) Mahr: if not paid should be paid (Quran 4:4)
b) Maintenance of wife (Quran 65:50
c) Maintenance of children ; after divorce, the man is supposed to contain maintaining the children
(Quran 2:223)
d) Right of accommodation entitlement of wife and husband should not chase her away. Quran 65:2
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DOCUMENTS FOR DIVORCE
THE REPUBLIC OF UGANDA
IN THE CHIEF MAGISTRATES COURT OF ENTEBBE
AT ENTEBBE.
DIVORCE CAUSE NO.001 OF 2019
GRACE AKOROMWIGURU.................................................PETITIONER
VERSUS
LUBOGO HENRY ...................................................RESPONDENT
PETITION FOR DIVORCE.
This is the humble petition of GRACE AKOROMWIGURUwhose address for purposes of this petition
shall be SUI GENERIS AND CO. ADVOCATES, P.O BOX, KAMPALA and it shows
1. THAT the petitioner is a female adult Ugandan of sound mind and a resident of Entebbe
municipality, Wakiso District and her advocates undertake to effect service of the petition on the
respondent.
2. THAT the respondent is a male adult Ugandan presumed to be of sound mind and a resident of
Entebbe Municipality, Wakiso district.
3. THAT your humble petitioner professes the Anglican religion.
4. THAT your petitioner was in the month of May 2015,was lawfully married to the respondent in
a customary marriage under the Karamojong customs at the home of the parents of the petitioner
in Moroto district,
5. THAT your petitioner was on the 12th day of December 2015 lawfully married to the respondent
at All saints church at Nakasero in the district of Kampala, and that
a) The marriage was solemnized under the provisions of the Marriage Act cap251 in force at the
time;
b) After the marriage, your petitioner lived and cohabited with the respondent, LUBOGO
HENRY at kiwanga village, Entebbe Municipality and there is one issue of the marriage to wit
Lubogo Juniorborn on the 1st September 2016.
6. THAT your petitioners husband, LUBOGO HENRY, in or about the months of AUGUST
2017, SEPTEMBER 2017, FEBRUARY 2018, MARCH 2018 AND OCTOBER 2019 at their
matrimonial home in Entebbe Municipality, Wakiso district violently assaulted your petitioner
by striking her in the face, abdomen area, back and on the head with his enhanced fists, using a
but on some occasions and his shoes at times.
2017 TO OCTOBER 2019 at their matrimonial home in Entebbe municipality, Wakiso district
insulted your petitioner by blaming her for all his problems, for being Karamojong and calling her
good for nothing. This has caused your petitioner mental and emotional anguish.
8. THAT all avenues ,forums and steps taken by the petitioner to ensure the respondent stops being
cruel to the petitioner have yielded no results.( attached as Annexure ‘A’ is a copy of the minutes
from one of the mediation meetings called by our relatives)
9. THAT due to the continued cruelty of the respondent to the petitioner, the marriage between the
two of them has irretrievably broken down.
10. THAT the matter arose in Entebbe municipality, Wakiso district which is within this court’s
jurisdiction.
11. THAT this petition is not prosecuted in collusion or connivance with the respondent or with any
other person connected in any way with the proceeding nor is your petitioner guilty of
condemnation.
Your petitioner therefore humbly prays for a decree that
a) The marriage of your petitioner with the respondent be dissolved and a decree nisi be granted
b) That the petitioner may have the custody of the issue of the marriage
c) That the respondent be ordered to pay alimony of UGX.1,000,000 per month to the petitioner
and pay UGX.1,000,000 per month to the petitioner for maintaince of the issue of the marriage.
d) That the respondent pay the costs of and incidental to the petition
e) That your petitioner may have such further and other relief as the court may deem fit.
DATED at KAMPALA, this 26th day of October 2019.
PETITIONER
I, certify that the statements above are true to my knowledge, information and belief.
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PETITIONER
Drawn and filed by; before me
SUI GENERIS AND CO. ADVOCATES,
P.O BOX 7117, KAMPALA COMMISSIONER FOR OATHS
AT ENTEBBE.
GRACE AKOROMWIGURU........................................................PETITIONER
VERSUS
LUBOGO HENRY .........................................................RESPONDENT
SUMMARY OF EVIDENCE
The petitioner shall adduce evidence to the effect that the respondent, LUBOGO HENRY, has been cruel
to her thereby causing her emotional and psychological torture.
LIST OF DOCUMENTS
The petitioner will adduce the following documents in support of the petition.
1. The marriage certificate
2. Minutes from the previous mediation meetings
3. Any other with the leave of court.
LIST OF WITNESSES.
The petitioner shall testify and call the following witnesses.
1. Akerimo Grace
2. Any other with leave of court
LIST OF AUTHORITIES
1. The divorce act

2. Any other authority with leave of court.
Dated at Kampala on this 27th day of October 2019.
PETITIONER.
Drawn and filed by
SUI GENERIS AND CO ADVOCATES
P.O BOX 7117, KAMPALA.
IN THE HIGH COURT OF UGANDA AT KAMPALA
DIVORCE CAUSE NO. 002 OF 2006
OGWANG BOB ………………………………………… PETITIONER
VERSUS
NYADOI MARY ………………………………………. RESPONDENT
ODONG SOLOMON ………………………………… CO- REPONDENT
SUMMONS TO ANSWER PETITION
WHEREAS the Petitioner has petitioned this court for a decree for dissolution of marriage;
YOU ARE hereby summoned to file an answer to the Petition in this court within 15 days from the date
of service of summon to you.
AND TAKE FURTHER NOTICE that in default of doing so, the petition will be heard and determined
in your absence
Dated at Kampala this ………………. Day of ……………….. 2006

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…………………………….
REGISTRAR
TO BE SERVED UPON
NYADOI MARY
_____________________________________________________________________________
VERSUS
PETITION
THE HUMBLE PETITION OF OGWANG BOB SHOWETH;
1. THAT the Petitioner is an adult male Ugandan, for sound mind resident at Kikuba Mutwe,
Ggabba, Kampala and your petitioner’s address for purposes of this suit is C/O SUI GENERISand
Co. Advocates, P.O.BOX 7117, Kampala.
2. THAT the Respondent is a female adult Ugandan of sound mind and the Petitioner undertakes to
effect service of the court process on her.
3. THAT your Petitioner Professes the Christian Religion.

4. THAT your Petitioner and the Respondent are domiciled in Uganda with a matrimonial home at
Ggabba.
5. THAT your Petitioner was married to the Respondent vide a church marriage at All saints
Cathedral on the 21st day of August 1998; solemnized in accordance with the provision of the
marriage Act in force in Uganda; and have two issues to the marriage aged 3 and 5 respectively.
6. THAT in early 2004, the Respondent did commit adultery which the Co Respondent, at Room
12, Hotel Muyenga and around 20:00 hours on the 23rd of January 2004.
7. THAT owing to the adultery of the respondent, there has been an irretrievable breakdown of the
said marriage between you petitioner and the said respondent.
8. THAT this petition is not prosecuted in collusion or connivance with the Respondent or with any
other person connectd in any way with these proceedings nor is your petitioner guilty of
condonation.
9. THAT Notice to institute legal action was communicated to the Respondent.
10. THAT this cause of action arose in Kampala within the jurisdiction of this Honourable Court.
WHEREFORE, the Petitioner prays for
a) A Decree for dissolution of marriage.
b) An order of Maintenance for the Respondent.
c) An oerder fort custody of the issues of the marriage
d) Other Relief as Court Deems fit
DATED at Kampala the ……….. day of …………… 2006
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……………………………………..
Counsel for Petitioner
VERIFICATION
I CERTIFY that the statements above are true to the best of my knowledge and belief.
…………………………..
PETITIONER
Drawn and filed by:
SUI GENERISand Co. Advocates
P.O.BOX 7117,
Kampala
VERSUS
SUMMARY OF EVIDENCE
The Petitioner will adduce evidence to show that the Respondent has been guilty of adultery, and that the
marriage has irretrievably broken down.
LIST OF WITNESSES
Ogwang Bob
Others with leave of court
LIST OF AUTHORITIES
Mugonya vs Mugonya (1975) HCB 95
Sheldon vs Sheldon (1962) 2 All ER 257
Common Law and Doctrines of Equity & Others with leave of court
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LIST OF DOCUMENTS
The Marriage Certificate
VERSUS
REPLY TO PETITION
THE HUMBLE PETITION OF THE RESPONDENT SHOWETH;
1. THAT the Respondent is a female adult Ugandan of sound mind and the Respondent undertakes
to effect service of the court process on her.
2. THAT your Respondent Professes the Christian Religion.
3. THAT your Respondent and the Petitioner are domiciled in Uganda with a matrimonial home
at Ggabba.
4. THAT your Respondent was married to the Petitioner vide a church marriage at All saints
marriage Act in force in Uganda, and begot two issues of the marriage aged 3 and 5 years
respectively.
5. THAT the Respondent has never committed adultery has alleged by the Defendant and as a result
there has been no irretrievable breakdown of the said marriage between you Respondent and the
said respondent.
6. THAT the said incident on the 23rd day of January 2004 was simply a meeting of a business
partner and the Pertitioner will be put to strict proof of the allegations.
WHEREFORE, the Respondent prays that the petition be dismissed with costs to the Respondent.
……………………………………..
Counsel for Respondent
VERIFICATION
…………………………..
RESPONDENT
Drawn and filed by:
P.O.BOX 7117,
Kampala
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VERSUS
SUMMARY OF EVIDENCE
The Respondent will adduce evidence to show that the Respondent has never committed adultery and as
a result the marriage has never irretrievably broken down.
LIST OF WITNESSES
Nyadoi Mary
LIST OF AUTHORITIES

LIST OF DOCUMENTS
Caveat (S.13 of MA, S.27 OF CMRA)
IN THE MATTER OF THE MARRIAGE ACT
CAP. 146
AND
IN THE MATTER OF A CAVEAT FORBIDDING THE
SOLEMNISATION OF A MARRIAGE.
TO: THE REGISTRAR OF
MARRIAGES AT KAMPALA.
CAVEAT FORBIDDING SOLEMNISATION OF A MARRIAGE.
TAKE NOTICE that I, LUBOGO HENRY, being the lawful husband of GRACE
AKOROMWIGURUwho intends to contract another marriage at Christ the king church, hereby forbid
the same for the following reasons.
That grace is already married to me having solemnized a marriage on 29 th December 2015 at all saints
church Nakasero.
My address for purposesof service under this caveat is SUI GENERIS and co advocates, P.O BOX 7117
KLA.
Dated at Kampala this 25th day of October 2019.
SIGNED by the sand
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LUBOGO HENRY
CAVEATOR.
Before me
COMMISSIONER FOR OATHS.

IN THE CHIEF MAGISTRATES COURT OF ENTEBEE
AT ENTEBBE.
MATRIMONIAL CAUSE NO. 002 OF 2019.
GRACE AKOROMWIGURU.......................................................PETITIONER
VERSUS
LUBOGO HENRY ..............................................................RESPONDENT
PETITION FOR RESTITUTION OF CONJUGAL RIGHTS AND

PROVISION OF MAINTENANCE.
(Under S.20 (1) and (2) of the D.A and O.22 rule 29 of civil procedure rules)
This is the humble petition of GRACE AKOROMWIGURUwhose address for purposes of this
petition shall be SUI GENERIS AND CO.ADVOCATES, P.O BOX 7117, KAMPALA and these
are as follows:
municipality Wakiso district and her advocates under take to effect service on the respondent.
2. THAT the respondent is a male adult Ugandan presumed to be of sound mind and is a resident
of Entebbe municipality, Wakiso district
3. THAT your petitioner professes the Anglican religion
4. THAT your petitioner was on the 12th day of December 2015 ;lawfully married to the respondent
at Christ the king church in the district of Kampala and that:
a) The marriage was solemnized under the provisions of the Marriage act cap 251 in force at the
time;
HENRY at kiwanga village, Entebbe municipality and there are two issues of the marriage to
wit LUBOGO JUNIORAGED 20 YEARS AND AKIROMO JUNIOR AGED 3 YEARS.
5. THAT, the respondent, LUBOGO HENRY has not from the month of AUGUST 2017, to date
not provided maintenance to the petitioner nor to the children.
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6. THAT the respondent, LUBOGO HENRY has since the 14th day of AUGUST 2015 refused and
still refuses to render her conjugal rights albeit living in the same house and sleeping in the same
bed.
7. THAT the petitioner has taken all necessary steps to have the respondent, LUBOGO HENRY
restore her conjugal rights but with no success in sight.
8. THAT the matter arose in Entebbe municipality, Wakiso district which is with in this court’s
jurisdiction.
Your petitioner therefore humbly prays for a decree that;
a) The respondent be ordered to provide maintaince for the wife and the children at a rate of UGX.
1,000,000 per month.
b) The respondent be ordered to render the petitioner her conjugal rights
c) The respondent pay the costs of and incidental to this petition.
PETITIONER
PETITIONER
SUI GENERIS AND CO. ADVOCATES .............................................
P.O BOX 7117, KAMPALA COMMISSIONER FOR OATHS.
Attach
1. Summary of evidence
2. Summons to file a reply
3. Mediation summary.
Separation agreement.
IN THE MATTER OF THE DIVORCE ACT, CAP 144
AND IN THE MATTER OF

THE CONTRACTS ACT, 2010
SEPARATION AGREEMENT.
THIS AGREEMENT IS MADE THIS 27th day of October 2019.
BETWEEN
GRACE AKOROMWIGURU aged 24 years whose address for purposes of this agreement
shall be SUI GENERIS COMPANY ADVOCATES, PILKINGTON ROAD, KAMPALA.
(Hereinafter referred to as the wife)
AND
LUBOGO HENRY aged 35 years, resident of lubowa, Entebbe, Wakiso district (Hereinafter
referred to as the husband)
WHEREAS the husband and wife lawfully contracted a marriage on the 15th day of October 2015 at All
saints cathedral Nakasero in Kampala.
AND WHEREAS they have since lived and cohabited together at their matrimonial home in Entebbe
municipality and have two issues from the marriage to wit, Lubogo Junior aged 3 years and Lubogo Grace
aged one year (Hereinafter referred to as the children)
AND WHEREAS the relationship between the two has broken down and thus they are desirous of
separating and agree to live separately as agreed in this agreement.
THIS AGREEMENT IS THEREFORE WITNESSETH AS FOLLOWS:
1. NON MOLESTATTION.
1.1 The parties mutually agree that there shall be no molestation of one by the other during the
continuance of this agreement.
1.2 In the event that any of the parties violates the provision of clause 1.1 above, the party in
breach shall pay damages of UGX 5,000,000 to the other innocent party.
2. MAINTENANCE OF WIFE AND CHILDREN.

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2.1 The husband shall provide for the maintenance of children and the wife at a rate
UGX.2,000,000 per month
2.2 The maintenance in clause 2.1 above shall be paid on every 28th day of the month and shall be
deposited on the above account provided by the wife from time to time.
2.3 Failure to comply with clause 2.2 above, the sum in clause 2.1 shall attract an interest of 10%
for each day after the 28th day to the day when the full sum due that month shall be paid.
3. LIVE A PART.
The parties agree that they shall continue to live separately in consideration for having each other’s
consortium.
4. DUM CASTA CLAUSE
Name of the parties to this agreement shall be at liberty to have sex with another person during the
subsistence of this agreement.
5. MATRIMONIAL PROPERTY
5.1 each party shall be entitled to take property constituting wearing apparel and personal effects
5.2 the wife shall be entitled to retain the matrimonial home during the subsistence of this
agreement
5.3 all other properties constituting matrimonial property at the time of execution od this
agreement shall continue to be held jointly and for the benefit of both parties
5.4 the party deriving any income from any of the properties mentioned in clause 5.3 shall have
to account to the other party for all revenues earned from the properties and shall relinquish
half of the income earned to the other party as their share in the income earned to the other
party as their share in the income earned from the property.
5.5 All properties acquired by the parties during the subsistence of this agreement shall not be
construed as constituting matrimonial property during the subsistence of this agreement or
thereafter.
6. DURATION
6.1 This agreement shall unless otherwise expressly agreed upon by the parties in writing run for
a period of two years from the date of execution.
6.2 Notwithstanding clause 6.1, the parties may by mutual consent terminate this agreement at
any time during its subsistence.
7. CUSTODY OF THE CHILDRN.
7.1 The parties agree that the wife shall have custody of the children while the husband shall have
visitation rights at all times
7.2 In exercise of his visitation rights in clause 7.1 above, the husband shall ensure that he gives at
least a days’ notice to the wife and shall ensure the visits are in a reasonable time
7.3 For avoidance of doubt, reasonable time shall be construed to be between 9:00am and
7:00pm.
8. AMENDMENT.
No provision in this agreement shall be varied or deemed to be varied except where there is an express
agreement to that effect in writing signed by the parties.
9. DISPUTE RESOLUTION.
9.1 All disputes arising under this agreement shall be referred to a mediator within 10 working
days from the date when the dispute arose.
9.2 The mediator referred to in clause 9.1, shall be a mediator appointed by CADER upon
application by either party,
9.3 The mediation referred to clause 9.1, shall not exceed 30 days from the first day when the
mediation is commenced.
9.4 Where the parties fail to reach a settlement in respect of the dispute, they shall refer the matter
to court of competent jurisdiction for resolution of the dispute.
10. LAW APPLICABLE.
This agreement shall be governed by the laws of the republic of Uganda.
IN WITNESS WHEREOF, the parties have appended their signatures hereto on the date and year first
mentioned above.
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SIGNED BY:
SIGNED BY:
AKORIMO GRACE LUBOGO HENRY
(WIFE) (HUSBAND)
In the presence of in the presence of
KIZITO DERRICK LUMALE JOEL
ADVOCATE ADVOCATE
Drawn by
P.O BOX 7117, KAMPALA
UGANDA.
Judicial separation.
AT ENTEBBE
MATRIMONIAL CAUSE NO 003 OF 2019
AKIROMO GRACE ................................................PETITIONER
VERSUS
LUBOGO HENRY .....................................................RESPONDENT
PETITION FOR SEPARATION.
(Under section 14 of The Divorce Act Cap 144 and rule 4 of the divorce rules)
This is the humble petition of GRACE AKOROMWIGURU whose address for purposes of this petition
shall be SUI GENERIS AND CO. ADVOCATES, P.O BOX 7117, KAMPALA and it show:
municipality Wakiso district and her advocates undertake to effect service of the petition on the
respondent.
Entebbe municipality, Wakiso district.
at all saints cathedral at Nakasero in the district of Kampala and that
a) The marriage was solemnized under the provisions of the Marriage act cap 251
b) After the marriage, your petitioner hired and cohabited with the respondent, LUBOGO
HENRY at kiwanga village, Entebbe municipality and there is one issue of the marriage to will
LUBOGO JUNIORborn on the 1st September 2016.
5. THAT your petitioners husband, LUBOGO HENRY, in or about the month of AUGUST
2017,SEPTEMBER 2019, at their matrimonial home in Entebbe municipality ,Wakiso district,
violently assaulted your petitioner by striking her in the face ,abdomen areas, back and her head
with calendared fits and his belt.
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6. THAT all avenues and steps taken by the petitioner to ensure the respondent stops being cruel to
the petitioner have yielded no results (Attach evidence if any)
7. THAT due to the respondent’s cruelty to the petitioner, the marriage between the two has broken
down.
8. THAT this matter arose in Entebbe municipality, Wakiso district which is within this court’s
jurisdiction.
other person connected in any way with the proceedings nor is your petitioner guilty of
condemnation.
a) Your petitioner be judicially separated from LUBOGO HENRY, the respondent
b) The petitioner be granted custody of the issue of the marriage
c) The respondent be ordered to pay a monthly maintenance for the child at a rate of UGX 1,000,000
per month.
d) The respondent be ordered to pay alimony to the petitioner at a rate of UGX1,000,000 per month
e) That the respondent pay the costs of and any other costs incidental to this petition.
f) Any further remedies as the court may deem fit.
PETITIONER
I, AKIROMO GRACE, certify that the statements above are true to the best of my knowledge,
information and belief.
PETITIONER
Drawn and filed by: before me
SUI GENERIS AND CO ADVOCATES,
P.O BOX 7117, KAMPALA, COMMISSIONER FOR OATHS.UGANDA.

DIVORCE UNDER MOHAMMEDAN MARRIAGES

There are three types of divorce under Mohammedan law, and they are discussed below, thus;
Talak Divorce
In its primitive sense, the word talaq means dismission [to dismiss], but in law it signifies a release from
the marriage tie. The Muhammadan law of divorce is founded upon express injunctions contained in the
Qur'an, as well as in the Traditions, and its rules occupy a very large section in all Muhammadan works
on jurisprudence 6.
In this mode of divorce, if it is Talak Aslam, the husband has to pronounce Talak every month for three
months. Talak Bidad is taken before a court of competent jurisdiction; it can in writing or can be oral. If
it is deduced to writing, it has to be delivered to the wife.
The conditions for talak include the following:
The man should be sane;
He should not be a minor;
Pronouncement of the talak should be at his own discretion.
The talak should be pronounced when the wife is in a state of purity.
The last talak should be pronounced in the presence of witnesses.
F A SK D I VORCE
This is an annulment or an abrogation of marriage. It is a decree passed by the Qadi after careful
consideration of an application by the wife.
The grounds a wife can rely on include the following;
1. Separation due to defects in one of the spouses
2. Separation due to difficulties of the husband.
3. Separation due to apostasy of one of the spouses.
4. separation due to lack of equality of status of the husband
6
Excerpt from “Dictionary of Islam” by Thomas Patrick Hughes © 1886
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Khul Divorce
This type of divorce is at the instance of the wife; she has to prove any of the following grounds:
Cruelty or maltreatment
Quiting conjugal domicile without making provision for the wife
Insanity on the part of the husband.
Any other case, which in the opinion of the Qadi justifies divorce.
HINDU MARRAIGES
Divorce under this type of marriage is regulated by the Divorce Act by virtue of Section 8 of the Divorce
Act cap 144.
NULLITY OF MARRIAGES
In law, a marriage can be rendered null and void if it is an unlawful marriage by virtue of conditions
existing at the time of the marriage. These conditions can mean lack of capacity to contract. Evidence of
fraud or duress preventing legal consent to the marriage and sexual impotence of one spouse that exist at
the time the marriage is contracted and that was unknown to the other spouse.
Nullity of marriage should be differentiated from divorce. A decree of nullity declares, in effect, that the
parties were never married, and at one time it absolved them from all obligations to each other. Thus a
decree of nullity is a judgment in rem, so no one can subsequently allege that the marriage is valid.
Divorce on the other hand is an acknowledgement of a valid and subsisting marriage, which the parties
wish to terminate through a recognized process.
Another distinction which ought to be noted is that between void and voidable marriages. A void marriage
is one where, although the parties have gone through a ceremony of marriage, they have not acquired the
status of husband and wife owing to the presence of some impediment.
Lord Greene held in De Reneville vs De Reneville [1948] 1 All ER 56 that a void marriage is one that
will be declared will be regarded by every court in any case in which the existence of the marriage is in issue
as never taken place and can be so treated by both parties to it without the necessity of any decree annulling
to it.
A voidable marriage is a marriage which seems to be valid on the face of it, save for some reason, which if
used at the instance of either party does terminate the marriage. Some of the grounds one can rely on
to terminate a voidable marriage include the following:
F A ILURE TO CONSUMMATE THE MARRIAGE .

A marriage is said to be consummated as soon as the parties have sexual intercourse just after the marriage.
Failure to consummate a marriage will be a ground for petitioning court for a decree of decree of nullity
if the failure to consummate is a willful refusal of the part of the Respondent. Refusal too have sexual
intercourse in any form will be aground; particularly where the respondent refuses to take treatment to
remove the physical or psychological impediment to consummation. This was fortified by S v S (1954). 7
It must be noted however, that the possibility of conception is irrelevant; what matters is the act, whether
a sheath has been used or not. This was held in Baxter vs Baxter (1942) 2 All ER 886.
L ACK OF C ONSENT
It must be noted that a marriage is a contract and therefore lack of consent will invalidate the contract. A
marriage shall be voidable if either party did not validly consent to it.
U NSOUNDNESS OF MIND
If, at the time of celebration of the ceremony, either party was unable to understand the nature of the
contract he was entering into, this will affect a marriage. The test to be applied was laid down in the Estate
of Park 1953(2) All ER 1411 C/ A where court held that where the person was not capable of
understanding the nature of the contract into which he was entering or was in a condition such that he
was incapable of understanding it. This therefore means that a person must be capable of appreciating the
responsibilities and duties normally attached to marriages.
O THER GROUNDS INCLUDE :

Drunkard ness and drugs;
Effect of Drunkenness and drugs can be taken
7
3 All ER Reprint 736 at 743-744.
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Mistake as to the identity of the contracting party.
Where one is mistaken as to the person he or she is marrying, this can be a ground for nullity of the
marriages.
Fraud and misrepresentation;
According to Sing Vs Sing (1971) 2 All ER 828 court held that where it is proved that the will of one
of the parties was overborne by genuine and reasonably held fear caused by threat and immediate danger
to life, limb and liberty so that the constraint destroys the reality of consent in wedlock.
Venereal diseases
The husband may petition court for a nullity of marriage if at the time of the marriage, the Respondent
was suffering from a venereal disease.
Pregnancy per alium
The husband may petition court for a nullity of marriage if at the time of the marriage, the Respondent
was pregnant by someone other than the petitioner.
BARS TO RELIEF OF NULLITY

There are three bars at common law against a party to a voidable marriage where he/she puts it out of
his/her power to obtain a decree of nullity by his/her own conduct. Theses include the following:
a) Petitioner's Conduct:
This is premised on The Matrimonial Causes Act 1973 section 13(1) which provides that court shall not
grant a decree of nullity on the ground that the marriage is voidable if the respondent satisfies court that
the petitioner knew of the voidability of the marriage but conducted himself or herself in such a way that
led the respondent to believe that the petitioner would not seek to annul the marriage.
ii) Delay
This is evident in situations where the Petitioner knows that it is open to him to him or her to have the
marriage avoided but delays to take any legal steps to effect his intentions. The length of the delay is
defendant on many factors and varies from case to case.
ii) Injustice of Decree

Where it is clear on the face of it that the decree will cause injustice to the respondent, the relief is not
granted. In this case, court looks at the length of the marriage as one of the factors.
iii) Lapse of Time:
Under common law (s.13 of the Matrimonial Causes Act 1973) In all cases except those based on
importance or willful refusal to consummate, a decree of nullity must be refused if the proceedings were
not instituted within three years' of the date of the marriage. The purpose for this is to ensure that the
validity of the marriage is not in doubt for too long. It must be noted that the lapse of time is not a bar in
a case of inability or willful refusal to consummate marriage because the petitioner may try to overcome
the impediment for a longer period than three years..
Petitioner’s Knowledge
If the petition is based on the Respondent's venereal] disease or pregnancy per aluim, the court must be
satisfied that the petitioner was ignorant of the facts alleged at the time of marriage. If these facts were
within the Petitioner’s knowledge, court will be slow to consider granting of relief to the Petitioner.
BARS TO DIVORCE
 section 7 of the divorce act petition shall be dismissed if there is condonation, collusion or
connivance. It must be specifically stated in the petition that there is no condonation, collusion
or connivance
a) condonation
knowing that an unlawful act has taken place and the petitioner goes ahead and forgives the respondent.
In the case of MUGOYA V MUGOYA (1975) HCB 295, court held that for there to be condonation,
the innocent spouse must intend to forgive the other and remit the matrimonial offence. He/she must set
the seal upon the forgiveness by reinstating the offending spouse to the matrimonial position he/she held.
b) Connivance
Section 6 to 8 of the divorce act cap, where the petitioner’s conduct leads to the act of the respondent
which is the ground for divorce e.g a man procures wife for prostitution. In the case of GIBBS V GIBBS
(1788) 1 U.S 371, the husband took money from a man sleeping with his wife, court held that the husband
had connived.
c) Collusion
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Parties agree to the commission of an act which later forms the ground of divorce. The petitioner is
estopped from petitioning for divorce
DISCRETIONARY BARS.
SEC. 8 of the divorce act, the court has power to decide whether or not to grant divorce
a) Unreasonabledelay in presenting the petition
b) Petitioners conduct i.e cruelity, adultery or desertion.
c) Lapse of time
P ETITIONERS KNOWLEDGE AND WILLFUL CONDUCT

DOCUMENTS FOR NULLITY
MATRIMONIAL CAUSE NO. 002 OF 2006
OGWANG BOB ……………………………………… PETITIONER
VERSUS

WHEREAS the Petitioner has petitioned this court for a decree for nullity of marriage;
in your absence
…………………………….
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REGISTRAR
TO BE SERVED UPON
NYADOI MARY
VERSUS
PETITION FOR NULLITY OF MARRIAGE
Ggabba, Kampala and your petitioner’s address for purposes of this suit is C/O SUI GENERIS
and Co. Advocates, P.O.BOX 7117, Kampala.
2. THAT the Respondent is a female adult Ugandan of sound mind and the Petitioner undertakes
4. THAT your Petitioner and the Respondent are domiciled in Uganda with a matrimonial home
at Ggabba.
Cathedral on the 21st day of July 2006; solemnized in accordance with the provision of the
marriage Act in force in Uganda; and have two issues to the marriage aged 3 and 5 respectively.
6. THAT after the solemnization of the marriage, the Petitioner discovered on 9th October that the
Respondent was three months pregnant with a child not being his.
7. THAT owing to this pregnancy per alium, there has been an irretrievable breakdown of the said
marriage between you petitioner and the said respondent.
8. THAT this petition is not prosecuted in collusion or connivance with the Respondent or with
any other person connected in any way with these proceedings nor is your petitioner guilty of
condonation.
10. THAT this cause of action arose in Kampala within the jurisdiction of this Honorable Court.
e) A Decree for nullity of marriage.
f) Other Relief as Court Deems fir
……………………………………..
VERIFICATION
…………………………..
PETITIONER
Drawn and filed by:
SUI GENERIS and Co. Advocates
P.O.BOX 7117,
Kampala
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VERSUS
SUMMARY OF EVIDENCE
The Petitioner will adduce evidence to show that after solemnization of the said marriage, the Petitioner
discovered that the Respondent was pregnant with a child not being his, meaning that at the solemnization
of the marriage, the Respondent was pregnant and that the marriage has irretrievably broken down.
LIST OF WITNESSES
Ogwang Bob
LIST OF AUTHORITIES
The Constitution 1995 as amended
Case law
LIST OF DOCUMENTS

VERSUS
REPLY TO PETITION
THE HUMBLE PETITION OF THE RESPONDENT SHOWETH;
at Ggabba.
Cathedral on the 21st day of July 2006; solemnized in accordance with the provision of the
marriage Act in force in Uganda, and begot two issues of the marriage aged 3 and 5 years
respectively.
5. THAT the Respondent has never had any other affair other than that with the Petitioner and as
a result, the alleged pregnancy is out of my union with him.
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……………………………………..
VERIFICATION
…………………………..
RESPONDENT
Drawn and filed by:
P.O.BOX 7117,
Kampala
__________________________________________________________________
VERSUS
SUMMARY OF EVIDENCE
The Respondent will adduce evidence to show that the alleged pregnancy is as a result of her union with
the Petitioner and as a result the petition should not be granted.
LIST OF WITNESSES
Nyadoi Mary
LIST OF AUTHORITIES
The Constitution 1995 as amended
Case law
LIST OF DOCUMENTS
SUMAYA NABAWANUKA V MED MAKUMBI DIVORCE CAUSE NO. 39 OF 2011. Justice

Kainamura.
The petitioner field this petition seeking for a decree nisi dissolving the marriage between the petitioner
and the respondent custody of the child, maintenance of the petitioner and the respondent custody of the
child, maintenance of the child, alimony, share of the matrimonial property, costs and any further order.
The respondent in his reply refuted the allegations and by way of a P.o. applied for the petition to be
dismissed because it is rededicate since the matter before court had been finally determined by the sharia
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Court of the Muslim Supreme Council counsel for the respondent argued that same parties and laid
already been determined by the court with competent jurisdiction, A.129 (1) (d) of the constitution. That
it is the court envisaged under the marriages and Divorce of Mohammedans Act Cap 252.
Counsel for the petitioner urged that Parliament has not yet operationalized A. 129(1) (d) that requires
parliament to establish Qadhi courts and that High court has inherent powers to give remedies to all
aggrieved parties before it.
It was held: - sharia Courts of the Muslim supreme council are operating within the law and are competent
courts to handle divorce cases and grant relief. Therefore the matter was heard and determined by a
competent court would surely run afoul of S.7 of the CPA as it is res judicata.
JULIUS CHAMA v SPECIOZA RWALINDA MBABAZI DIVORCE CAUSE NO.25 OF 2011.
The petitioner sought orders of the court for dissolution of his marriage with Specioza Rwalinda
Mababazi and he prayed for custody of the only child in the marriage and costs of the petition. The
petition was based on the ground of cruelty as set out in the petition.
Uganda Association of women Lawyers and 5 others v A.G const. petition No.2 of 2003 where the
constitutional court nullified sections 4(1), (2), 5,22,23,24 and 26 of The Divorce Act Cap 144. The said
provisions are of no legal consequence and are no longer valid. This remain the position of the law (Han
Herman Kock v Victonu kageha D.C NO.6 of 2011)
What courts have done to bridge the gap is to look at the totality of the facts before it and determine
whether the facts lead to the finding that the marriage has irretrievably broken down then divorce is
granted (Gershom Masiko v Florence Nasiko CA No.8 of 2011)
The court held that since the acts of adultery, desertion and crudely have according to the uncontroverted
evidence of the cross petition and her witness been established, the marriage between the petitioner and
the respondent has interievably broken down and should be dissolved.
Absence of proof of existence of and ownership of the said properties fails the issue as court has no
property to distribute.
KANWERU v KANWERU [2003] 2 E.A 484

The appellant had field a divorce petition in the High court seeking dissolution of his marriage on ground
of adultery committed with three persons, Endence was adduced that the appellant had caught an SID
from the respondent though no medical records were produced, and the resp used not to be at home at
midnight when the app would call from abroad.
Held:- the standard of proof is set out in S.10 of the Mahmionial causes Act. The requirement is that court
must be satisfied that a mahmionial offence has been proved.
The Act does not refers to proof beyond reasonable doubt and it is proper to put the burden of proof at
the level of a feeling certain.
MAYAMBALA v NAYAMBLA DIVORCE CAUSE NO.3 OF 1998.
The petitioner filed this petition against her husband (respondent) seeking orders for dissolution of their
marriage under the Divorce Acts custody of the children of their marriages, payment of the debts owed to
the petitioner by the respondent, her contribution to the matrimonial house, and expenses for the
education and maintenance of the children of the adultery and cruelty.
Adultery has been defined as the voluntary sexual intercourse between a married to each other.
To be a ground, the adultery must be committed since the celebration of the marriage. It is immaterial
whether the marriage has been consummated or not.
One act of adultery is sufficient Douglas v Douglas [1952] ALL ER 748. It must carry a high degree of
probability.
Cruelty may be defined as wilfull and unjustified conduct of such character as to course danger to life or
health (bodily or mental) or as to give rise to reasonable apprehension of such danger. The conduct
complained of must be serious .it must be higher than the ordinary tear and wear of a married life
(Habyarimana v Habyarimaria).
The petitioner contributed 70% and in case the house is sold, she gets 70% of the market price.
BRUNO L.KIWUWA V IVAN SERUNKUMA AND JULIET NAMAZZI
The plaintiff instituted this suit to challenge the celebration of marriage of the first and second defendants
on the grounds that both defendants, like the plaintiff, being Buganda by tribe, and belonging to the same
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clan of “Naliga ”that is to say“ sheep could not lawfully by reason of an obtaining custom, contract such
a marriage.
Held:-
1. It is settled that where customary law is not documented, or so notorious for the court to take
judicial.
2. A custom is defined as a practice that has been followed in a particular locality in such
circumstances that is to be accepted as part of the law of that locality.
3. It must be in conformity with the constitution.
4. The Marriage Act recognizes the validity of customary marriages, the custom in issue applies to
marriage under the Marriage Act.
5. A custom is repugnant to justice and morality if it causes a version and disgust to the principles of
good behavior and as to what is reasonable and fair.
It is repugnant if it violates natural justice equity and good conscience. In this case, the custom is not
barred and not in conflict or inconsistent with the Marriage Act.
MIFUMI (U) LTD &12 ORS v A.G ANOR CONST. PETITION NO. 12 OF 2007.
The petition is brought under A.2 (1) and (2), d37, (3), 93(a) and (d) of the constitution of Uganda and
Rule 3 of the const. court (petitions and Reference Rules 5.191 of 2009) they challenge the
constitutionality of the customary practice of demand for and payment of bride price.
Bride price is an amount of money of property or wealth paid by the groom or his family to the parents of
a woman upon the marriage of their daughter to groom.
Dowry is paid to the groom, or used by the bride to help establish the new household, and dower, which
is property settled on the bride herself by the groom at the time of marriage.
It is intended to reflect the perceived value of the girl or young women (bride price).
Justice L.E.M Mukasa Kikonyogo: - a bride price agreement is intended to show appreciation to the
parents of a bride. It is entered into with joy by 2 parties seeking the facilities of a marriage relationship.it
is not barred by the constitution. A man and a woman have the constitutional right to so choose the bride
price option as the way they wish to get married. Any payment of bride price must be conditional upon
voluntary consent of the 2 parties to the marriage.
However, the refund in the event of dissolution of marriage demeans and undermines the dignity of a
woman and is in violation of A.33(6) of the constitution and violates the equal entitlements to equal right
with the man in marriage A.31(1).
Supreme Court decision; Mifumi(u) Ltd Amor v A.G. & Anor Const Approve Husbands can no
longer did that bride price be returned in the 02/2014 event of dissolution of a customary marriage. It is
contrary to the constitution regarding equality in contracting during marriage and at its dissolution.it
violates A31 (1) (b) and 33(1). It should be prohibited under A.32.
The custom of refund of bride devalues the worth, respect and dignity of woman. The practice completely
ignores the contribution of the woman .the practice completely Ignores the contribution of the woman
to e marriage up to the time of its break down it fails under A.32(2) of the const.
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TOPIC THREE:
SEPARATION OF SPOUSES
SEPARATION BY AGREEMENT
The Contract Act Cap 73
Case Law
It must be noted from the onset that parties can come to an agreement whereby, they spell out the terms
of the separation. This is not provided for in any statute but is backed by common law. The guiding
principle on separation agreements was upheld in Fender Vs Mildmay (1938) where court held that the
husband and wife can enter into separation agreements, which should not lack conformity with principles
of public morality.
Court further held in Wilson Vs Wilson (1848) HLCAS 538 that there is nothing wrong or illegal per
se in a agreement for immediate separation. It is not against public policy that separation agreements be
allowed to stand. Thus where a marriage has irrevocably broken down, then an agreement can be made,
where the parties agree to stay apart.
CLAUSES IN A SEPARATION AGREEMENT

The first and cardinal clause to include in a separation agreement is that the parties should agree to leave
apart. This is fortified by the case of Pearson Vs Aylespard [1884] 14 QBD 729. Other terms in a
separation agreement include the following:
a) Agreement to live as though not married
b) Occupation of marital home
c) Custody of children
d) Maintenance of spouse and children
e) Temporary division of property
f) Dum vusta clause
g) Duration of agreement
h) Non-molestation clause
i) Breach of agreement
j) Amendment clause
It must be noted that just like any other contract, the agreement should be signed by the parties and
witnesses to, most preferably by a lawyer. Parties usually opt to go for separation agreements when they
can go for judicial separation because they lack the grounds to pursue such remedies in courts of law. The
agreement ceases to have effect when the wife commits adultery and this is a ground for divorce.
DRAFTING OF SEPARATION AGREEMENTS

The agreement is drafted like a standard contract agreement, where both parties provide consideration of
consortium. A copy is drafted below.
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Separation Agreement
IN THE MATTER OF THE MARRIAGE ACT CAP 254
AND
IN THE MATTER OF THE CONTRACT ACT CAP 73
SEPARATION AGREEMENT
THIS AGREEMENT made this ……………… day of ……………… 2024
BETWEEN
OGWANG BOB of P.O.BOX 7117, KAMPALA (hereinafter referred to as the Husband) of the one
part.
AND
NYADOI MARY of P.O.BOX 7117, KAMPALA (hereinafter referred to as the Wife) of the other
part), where the context permits shall be called the Parties;
WHEREAS the parties were married on or about the 20th day of August 1982;
AND WHEREAS the wife after solemnization of the said marriage bore two issues aged 5 and 3 years
respectively (hereinafter referred to as the children)
AND WHEREAS the relationship between the parties because of the numerous reasons, has irrevocably
broken down, for which reason is constrained;
NOW THEREFORE , THIS AGREEMENT WITNESSETH AS FOLLOWS.
1. Non-Molestation
In Consideration of the parties having each other’s consortium and mutually accepting to stay apart, the
parties enter into this agreement with conditions and terms as provided hereunder.
2. Maintenance and custody of children
The parties agree that the custody of the children shall go to the wife in respect of the fact that they are of
tender age and the husband shall have access to them.
3. Dum-custa
None of the parties to the agreement shall be at liberty to have sex outside marriage or with another person
during the subsistence of this marriage.
4. Matrimonial property
The wife and children shall occupy the matrimonial home for the duration of this agreement
5. Duration of the agreement
This agreement shall unless otherwise agreed upon by the parties run for 24 months from the date of
execution, save herein, this agreement can be terminated by mutual consent.
6. Breach of the agreement
In the event of breach,such breach shall form ground for legal action.
7. Termination
This agreement shall be brought to an end by the express mutual consent of both parties
8. Amendment.
This agreement maybe amended anytime upon the agreement by the parties hereto and amendments shall
reflect in writing and duly signed by the parties and witnessed.
IN WITNESS whereof, the parties unto have set their hands hereto the date and year first above
mentioned.
Signed by the said HUSBAND }- ___________________
In the Presence of } ___________________
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Signed by the said WIFE }- ___________________
In the Presence of } ___________________
Drawn and filed by
Nanima, Gafabusa and Madaba Advocates
P.O.BOX 71117
Kampala, UGANDA
JUDICIAL SEPARATION
This comes as a remedy to spouses who cannot have the remedy for divorce because of lack of the grounds.
Judicial separation is provided for in section 14 of the Divorce Act, thus, a husband or wife may apply by
petition to court for a judicial separation on the grounds of cruelty, adultery, or desertion without
reasonable excuse for a period of two years or upwards, and the court on being satisfied that the allegations
of the petition are true, and that there is no legal ground why the application should not be granted, may
decree judicial separation accordingly.
In the case of GAKWAVU V GASANGANYIRE (1977) HCB 322, it was held that judicial separation
maybe awarded on grounds of cruelty, adultery or desertion
Grounds for Judicial Separation under section 14 of the Divorce Act (for emphasis)
Cruelty,
Adultery,
Desertion without reasonable excuse for a period of two years
Case Law
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Before consideration of Judicial Separation, it is incumbent to have the checklist below for
resolution:
1. Whether there is a valid and subsisting marriage between the parties?
2. If so, whether the facts disclose any matrimonial offences?
3. If so, whether X can petition court for a Judicial Separation Order?
MATRIMONIAL OFFENCES
These offences are specifically provided for in the Divorce Act and the Marriage Act and they are listed
below;
A DULTER Y UNDER SECTIO N 4(1) OF THE D IVORCE A CT

This is defined in Habyarimana vs Habyarimana (1980) HCB 139 as the consensual sexual intercourse
during subsistence of a marriage between a spouse and a person of the opposite sex, not being his spouse.
Court held in Ruhara vs Ruhara (1977) HCB 86 that in proof of adultery, court will look for
coraborative evidence.
C RUELT Y UNDER SECTION 4( E ) OF THE DIVO RCE ACT CAP 144

This was discussed in Mugonya vs Mugonya (1975) HCB 95; where court held that legal cruelty is
defendant on fcts of each case. The essential ingredient to prove is injury of life, limb or health. Common
law laid down a yardstick for cruelty in the area of sexual intercourse, in Sheldon vs Sheldon (1962) 2
All ER 257 where court held that denial of sexual intercourse may amount to cruelty; a husband’s
persistent refusal over a long period of time without reasonable excuse to have sexual intercourse with his
wife can be cruelty.
D ESERTION UNDER SECTI ON 4( F )

Desertion is defined as the withdrawal from the society of the other without reasonable excuse. In the act,
it has to be for two years or more before one can rely on it as a ground for either judicial separation or
divorce.
The elements for proof of desertion are discussed in Patel vs Patel [1965] EA 56 where court held that
first and foremost, the petitioner should prove that the respondent left the matrimonial home;
Secondly that it was without consent of the other spouse,
Thirdly, with intention to permanently end cohabitation.
Other offences include;
 Incestuous Adultery under section 4(a) of the Divorce Act
 Bigamy under section 4(c) of the Divorce Act and sec. 41 of the Marriage Act.
 Marriage with a person previously married, under section 40 of the Marriage Act.
 Making false declarations for marriage, under section 41 of the Marriage Act.
 False pretense of impediments to marriage, under section 42 of the Marriage Act.
 Unlawfully performance of a marriage ceremony, under section 43 of the Marriage Act.
 Willful neglect of duty to fill up certificate, under section 44 of the Marriage Act.
 Personation of marriage, under section 45 of the Marriage Act.
 Fictitious marriage, under section 46 of the Marriage Act.
 Contracting a marriage when already married under customary law, under section 47 of the
Marriage Act.
 Contracting a customary marriage when already married under marriage act, under section 48
of the Marriage Act.
 Rape, Sodomy, or bestiality under section 4 of the Divorce Act.
Procedure For Petitioning For A Judicial Separation.

One applies to court by Petition. This is grounded on section 30 of the Divorce Act which states that all
proceedings under the act shall be regulated by the CPR SI 282-1. in addition to this, section 31(1) of the
Divorce Act provides that the procedure is by petition, where every petition shall state, as distinctly as
possible, as the nature of the case permits, the facts on which the claim is based, and shall be verified as if
it were a plaint, and may at the hearing be referred to as evidence.
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It must be noted further that section 30(2) of the Divorce Act provides that petitions for dissolution of
marriage, nullity of marriage or for judicial separation should always state that there is no collusion or
connivance between the petitioner and the respondent. The petition is either supported by an affidavit or
verified.
Secondly, after filing the petition, it is served on the Respondent who is supposed to file a reply to the
petition. The reply is filed 15 days from the date of service of the petition. This is premised on the law of
service of the court process under Order 5 of the CPR SI 282-1
Thirdly, upon filing of the Reply, the petition is set down for hearing under Order 9 rule 11(1) of the
CPR SI 71-1.
D OCUMENTS
Summon to reply to the Petition; (court document)
Petition
Affidavit (if the petition is not verified)
Summary of Evidence,
List of Witnesses,
List of Documents,
List of Authorities
Affidavit of service on respondent (if the petition is not verified)
Reply to Petition
Affidavit in support of Reply to Petition
Summary of Evidence
List of Witnesses
List of Documents
List of Authorities
Affidavit of service on Petitioner.
Jurisdiction (Forum)
This is conversed in section 3 of the Divorce Act which states that where all parties are Africans, or where
a petition for damages is lodged in accordance with section 21, jurisdiction may be exercised by a court
over which presides a Magistrate Grade I or a chief Magistrate.
The High Court has jurisdiction where not all the parties are African. It should be noted however that the
High Court has original jurisdiction in all matters, so one can invoke the inherent powers of the High
Court to hear the matter.
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DOCUMENTS
VERSUS

WHEREAS the Petitioner has petitioned this court for a decree for a judicial separation
in your absence
…………………………….
REGISTRAR
TO BE SERVED UPON
NYADOI MARY
_______________________________________________________________________
VERSUS
PETITION
(under section 3, 14, 30 and 31(1) of the Divorce Act, and section 98 of the CPA Cap 71)
Ggabba, Kampala and your petitioner’s address for purposes of this suit is C/O SUI GENERISand
Co. Advocates, P.O.BOX 7117, Kampala.
2. THAT the Respondent is a female adult Ugandan of sound mind and the Petitioner undertakes to
effect service of the court process on her.
4. THAT your Petitioner and the Respondent are domiciled in Uganda with a matrimonial home at
Ggabba.
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marriage Act in force in Uganda.
6. THAT in early 2004, the Respondent started being very cruel at your humble Petitioner by
continuously hurling insults at your petitioner without cause; and threatening actual violence on
several occasions.
7. THAT the respondent has on several occasion denied the Petitioner access to their matrimonial
home in Ggabba.
8. THAT owing to the cruelty of the respondent, there has been an irretrievable breakdown of the
said marriage between you petitioner and the said respondent.
9. THAT this petitone is not prosecuted in collusion or connivance with the Respondent or with any
other person connectd in any way with theseproceedings nor is your petitioner guilty of
condonation.
11. THAT this cause of action arose in Kampala within the jurisdiction of this Honorable Court.
(a) An order of Judicial Separation against the Respondent.
(b) An order of Maintenance for the Respondent.
(c) Other Relief as Court Deems fit
……………………………………..

VERIFICATION
…………………………..
PETITIONER
Drawn and filed by:
P.O.BOX 7117,
Kampala
_______________________________________________________________________
VERSUS
SUMMARY OF EVIDENCE
The Petitioner will adduce evidence to show that the Respondent has been cruel towards him and that
the marriage has irretrievably broken down.
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LIST OF WITNESSES
Ogwang Bob
LIST OF AUTHORITIES
LIST OF DOCUMENTS

VERSUS
REPLY TO PETITION
(under section 3, 14, 30 and 31(1) of the Divorce Act, and section 98 of the CPA Cap 71)
THE HUMBLE PETITION OF NYADOI MARY SHOWETH;
at Ggabba.
marriage Act in force in Uganda.
5. THAT in early 2004, the Petitioner started being very cruel at your humble Respondent by
continuously hurling insults at your Respondent without cause; and threatening actual violence
on several occasions.
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6. THAT the Petitioner has on several occasion denied the Respondent access to their matrimonial
home in Ggabba.
7. THAT owing to the cruelty of the Petitioner, there has been an irretrievable breakdown of the
said marriage between you Respondent and the said respondent.
8. THAT this Reply to the Petition is not prosecuted in collusion or connivance with the Petitioner
or with any other person connected in any way with these proceedings nor is your Respondent
guilty of condonation.
……………………………………..
VERIFICATION
…………………………..
RESPONDENT
Drawn and filed by:
P.O.BOX 7117,
Kampala
_________________________________________________________________
OGWANG BOB ……………………………………… RESPONDENT
VERSUS
SUMMARY OF EVIDENCE
The Respondent will adduce evidence to show that the Respondent has never been cruel towards him and
that the marriage has never irretrievably broken down.
LIST OF WITNESSES
Nyadoi Mary
LIST OF AUTHORITIES
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LIST OF DOCUMENTS
RESTITUTION OF CONJUGAL RIGHTS

Where there is withdrawal from the society of the other, a spouse may apply by petition to the court for
restoration of conjugal rights.
Section 20(1) and (2) of the divorce act, court has power to decree that a husband and wife who has
unreasonably withdrawn from intercourse with the spouse be ordered to resume the same.
However, court cannot order specific performance apparently because you cannot supervise people
having sex or coercion.
In NAMUYIMBWA PROSCOVIA V DAVID RALPH PACE DIVORCE CAUSE NO.14/2017,

there was the respondent’s uncontroverted evidence that the respondent has abandoned and deserted the
petitioner, depriving her of conjugal rights and categorically telling her that he no longer loves her. The
court found that the desertion was unreasonable by virtue of refusing to return to Uganda hence depriving
the petitioner of her conjugal rights as the respondent’s spouse. The order for restoration of conjugal rights
was granted.
The petitioner must prove the following;
a) Withdrawal from society of the petitioner
b) Withdrawal without reasonable cause/grounds
c) No other legal ground for refusal of relief
d) Court should be satisfied about the truth of the statement made in the petition
In the case of DR.SPECIOZA KAZIBWE V ENG. KAZIBWE DIVORCE CAUSE NO.3/2003,

the standard of proof is higher than what is ordinarily required in other civil matters but not as high as
that required in criminal cases.
Documents
a) Petition for restoration of conjugal rights

b) Summary of evidence
c) Summon to file a defence.
CAVEAT FORBIDDING MARRIAGE
Section 13 of the marriage act cap 146, if a person has an objection to the marriage, he /she may
enter a caveat against the issue of the registrar’s certificate by writing at any time before the
issue
The caveat should indicate the particulars of the person objecting to the marriage and the
grounds
PROCEDURE FOR LODGING CAVEAT
a) Draw a caveat addressed to the registrar of marriages supported by S.D
b) File the documents with the registrar
c) The registrar refers the matter to the high court
d) The caveator and the parties to the intended marriage are summoned.
e) The case is heard and determined in a summary way
f) The decision of the high court shall be final
Procedure for Objecting church bans
a) Write formal letter informing the minister of the religion/church minister where the
banns have been read
b) Attach copies (certified) of marriage certificate
c) The complaint is entered into the marriage notice book (“FORBIDDEN” written against
entry)
d) Append to the word “Forbidden”, name, place of abode and the ground of forbidding
issue of certificate and date
e) Name has to be entered as well
f) Sign against the entry
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g) Then the banns are suspended
RELEVANT DOCUMENT
Caveat forbidding marriage
AND
IN THE MATTER OF A CAVEAT FORBIDDING SOLEMNISATION OF MARRIAGE
TO THE REGISTRAR OF MARRIAGE
AT FORTPORTAL
TAKE NOTICE that l, BOSCO MUBIRU being the husband to MONICA AKIIKI, who intends to get
married at All Saints Cathedral on……….do hereby forbid the marriage (solemnization) on grounds that;
a) That akiiki monica is already married to me

customarily
b) That akiiki monica and peter baguma are within the

prohibited degrees of consanguity as first cousins
My address for service for purpose of this caveat is firm ABC and co. advocates, P.O BOX 7117,Kampala.
Dated at kampala this…….day of……2024
Signed by the said;
…………………………….
CAVEATOR
BEFORE ME;
……………………………………

STATUTORY DECLARATION
AND
IN THE MATTER OF THE STATUTORY DECLARATIONS ACT CAP 22
AND IN THE MATTER OF A CAVEAT FORBIDDING SOLEMNISATION OF

MARRIAGE
I, BOSCO MATOVU,resident of…………do hereby declare and state as follows;
1. That I am a male adult Ugandan citizen of sound mind and swear in that
capacity
2. That the information given in the caveat forbidding marriage between

Akiiki Monica and Peter Baguma is true and correct to the best of my
knowledge
3. That I make this solemn declaration consciously believing the same to be

true in accordance with the statutory declaration sact cap 22.
Dated at kampala this……..day of…..2024
…………………………………….
DECLARANT
BEFORE ME;
……………………………………
COMMISSIONER FOR OATHS
DRAWN AND FILED BY:
ABC AND CO ADVOCATES

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P.O BOX 7117
KAMPALA, UGANDA
ALIMONY
Spousal support/maintenance. It is basically the legal obligation of one spouse to provide for the other
during or after legal separation or divorce.
Section 23 of the divorce act, a wife may apply to court for an order of alimony
Section 24 (1) of the divorce act, provides for an order of permanent alimony where the court thinks
reasonable.
RUHARA V RUHARA (1977) KCB 86, one of the considerations the court took in determining the
amount of money to be granted as alimony was the ability to pay and who was dependent on who.
AYIKO MAWA SOLOMON V LEKURU ANNET AYIKO DIVORCE CAUSE NO.001/2015,the

purpose of alimony is not to reward one party and punish the other, but rather to enforce that the
reasonable needs of the person who is unable to support her-self through appropriate employment are
met. It is an order designed to afford economic justice between parties.
DOMICILE
A) Domicile by choice; acquired by a person at the stage of maturity. Two ingredients are essential;
1) Intention to stay in a place permanently
2) Overt acts to demonstrate domicile.
In the case of TATIAMA ADEBEY V ADEBEY DIVORCE CAUSE NO.2/1990, court held that for a
petitioner relying on a domicile by choice, must prove the he/she has abandoned the domicile of origin
In GORDON V GORDON (1965) e.a 87,court held that the intention to stay in uganda because you
have a boyfriend and yet you are from U.K doesnot render you domiciled in uganda.
B) Domicile by origin (natural domicile)
Acquired at birth.
Once marriage and domicile are proved, next consideration is whether petition has grounds for divorce.
C) Domicile by marriage. (dependent domicile)

A wife by virtue of her marriage acquires the domicile of her husband but in order to petition for divorce,
husband must be domiciled in Uganda either by choice or origin
In JOY KIGGUNDU V AWORI (2005) HCB 124, court held that the domicile of a married woman
depends on that of her husband as long as he is alive.
MATRIMONIAL PROPERTY
Lady Justice Esther Kisakye in the supreme court decision of JULIUS RWABINUMI V HOPE
BAHIMBISOMWE S.C.C.A NO.10/2009, set down the different sets of matrimonial properties which
include;
a) Property which the parties choose to call home
b) Property that may be acquired separately by each spouse before or after marriage
c) Property which the parties jointly contribute to acquire
Lady justice Esther Kisakye further opined that the property to which each spouse should be entitled is
that property which parties chose to call home and which they jointly contribute to.
Article 26 (1) of the 1995 constitution of Uganda, provides for the constitutional right to property.
Article 31(1), men and women are entitled to equal rights in marriage, during marriage and at the
dissolution of marriage
In KAGGWA V KAGGWA H.C. DIVORCE CAUSE NO.11/2005, where there is evidence that the
various properties were acquired by the parties out of proceeds acquired from businesses into which both
expended time and effort, those properties solely acquired and owned by either party, each party in the
marriage would in law have acquired spousal interest.
NDERIRU V NDERITU (1995 -1998) 1 E.A 235 (CAK),the court held that all a wife needs to prove is
that;
a) She is married
b) That property was acquired during the subsisting marriage
c) That she contributed directly or indirectly to the acquisition of the assets
The court further stated that a wifes contribution will more often than not take the form of a backup
service on the domestic front rather than a direct financial contributor
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TOPIC FOUR
CHILDREN MATTERS
Who is a child and what rights accrue to them.
Section .2 of the children’s act cap 62 defines a child as person below the age of 18 years. Also
Art.257 (1) (c).
Children have the rights conferred onto all persons by virtual being human beings however under
Art.34 of the constitution specific rights accrue to them by virtual of being children and these include the
following rights:
1. Right to know and be cared for by their parents or those entitled by law to bring them up.
2. Right to basic education which is the responsibility of the state and the parents of the child.
3. Right to non-deprivation by any person of medical treatment, education or any other social or
economic benefit by reason of religious or other beliefs.
4. Right to be protected from social or economic exploitation and not to be employed in or required
to perform work that is likely to be hazardous or to interfere with their education or to be harmful
to their health or physical mental ,spiritual , moral or social development.
5. Other rights are stipulated under S.4 of the children’s act and the CRC.
In RE AYLA MAYANJA (AN INFANT) MISC.APP. NO.20/2003, It was noted that the rights of a
child as laid out both in the constitution and the children act must be provided by the erson entrusted
with the parental responsibility of the child. This person must be a parent of a child or guardian.
WELFARE PRINCIPLE
The welfare principle as was laid down in the case of J V C (1970) AC 668 is to the effect that in
any matter relating to a child, the child’s welfare is the paramount consideration.
This has been codified under Article 3(1) of the convention on the rights of the child and S.3 (1)
of the children’s act cap 62
In KAMUGISHA THEOPY V KAKITOKA PASCAL (1996)4 KALR 116, court

emphasized the fact that the interest of the child is paramount and so the paramount consideration in
children cases.
In J V C , where the matter was between the biological parents and the foster parents, the court
stated that the rights and wishes of the parents whether unimpeachable or otherwise must be assessed and
weighed on their bearing on the welfare of the child which is paramount in conjunction with all the other
factors relevant to the issue. In this case it was in the child’s best interest to stay in the custody of the foster
parents in as much as the natural parents had a strong claim to have their wishes considered as normally
the proper persons to have the upbringing of the child they have brought into the world.
In RE B (1988) AC 199, the HOL sanctioned an operation to sterilize a 17 year old girl upon
proof that due to limited intellectual capacity she was incapable of knowing the relationship between
sexual intercourses and child birth. The operation was held to be her best interest.
In determining what is in the best interest of the child, the court according to S.3 (3) of the children’s act
as amended must have regard to:
a) The ascertainable wishes and feelings of the child concerned with due regard to his or her age
and understanding. Gallick’s competence principle it’s to the effect that where a child has
sufficient understanding to make an informal decision about their life, they should be allowed
to do so. The principle was established in the case of GILLICKS V WEST NORFOLK
AND WISBECH AREA HEALTH, the child must understand the advice being given and
what is involved.
b) The child’s physical, emotional and educational needs. Under physical needs, courts major
concern is the child’s security and not concerns of material prospects. The quality of the home
is measured against time, energy devoted to care and upbringing. In STEPHENSON V
STEPHENSON, the court stated that disadvantages of a material sort must be given little
weight. Under emotional needs, the presumption leans in favor of the emotional needs to stay
with both parents. Whereas the court in TEOPISTA KAYONG V RICHARD
SEKIZIYIVU (1979) HCB 261, the court recognized that there is a strong notion that
young children need to stay with their mothers however there is no rule of law to that effect
and thus the best interest of the child be the paramount consideration. Young children were
defined as children of tender years below the age of seven years.
c) The likely effects of any change in the child’s circumstances
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d) The child’s sex, age, background and any other circumstances relevant in the matter. Courts
say in guardianship applications will be more inclined to grant the guardianship/custody in
applications for custody to applicant of the same sex as a child.
e) Any harm that the child has suffered or is at the risk of suffering.
f) Where relevant, the capacity of the child’s parents, guardian or any other person involved in
the care of the child and in meeting the needs of the child. Financial stability does not entitle
the applicant to any order to automatic grant. What court must consider is the best interest of
the child. A financial stable parent might have to surrender the child to the other in custody
application if it’s the view of the court that the child lives with the other parent. IN AYIIYA
V AYIIYA, the court emphasized that it is not necessary that one who is rich will be in better
position to look after the children but the psychological attitude towards the children and the
loving and warm atmosphere in a home means more in the upbringing of a child.
Application of the principle where there are two

children.
Where there are two children, the welfare of the child in issue is what is paramount.
IN BIRMINGHAM CITY COUNCIL V H, which related to a 15 year old child and her baby
who both had been made the subjects of interim care orders. The 15 year old mother was aggressive and
made attempts to harm self which caused the baby to be moved to foster parents. She sought contact with
the baby and evidence was led that it was not in the baby’s best interest that the contact with the 15 year
old mother continues but was in the mother’s best interest that it continues. The issue before court was
whose welfare was paramount. The baby or the mother? The court held that the baby’s upbringing and
thus it’s its welfare which must be the courts paramount consideration. The fact that the parent is also a
child does not mean that both parents and child’s welfare is paramount and that each has to be balanced
against the other.
PARENTAGE
Who is a parent.
IN RE W, the court held that this takes into account recent developments in human assisted
reproduction which made the earlier test of parentage which was blood ties or genetic link. The person
who gave birth to the child was considered the mother and the person by whom she conceived the father.
With procedures such as artificial insemination, insert fertilization, egg and embryo donation and
surrogacy, the person who gives birth to child or by whom the person conceived may not necessarily be
the parent.
In JOGNSON V CALVERT, in pursuance of a surrogacy agreement, one the commissioning

mother’s egg was fertilized in vitro with her husband’s sperm and transferred to the surrogate who
successfully carried it to term. During the pregnancy the surrogate and the commissioning couple fell out
and each sought a declaration of parentage of the child. In holding that the commissioning parents were
the child’s legal parents, the court stated that it was.
S.1 of the children’s act cap 62 defines a parent to mean the biological mother or father or adoptive mother
or father of a child.
P ROOF OF PARENTAGE .
At common law
A child born to a couple during a subsisting marriage was presumed to be a child of the couple.
The man was presumed to be the father and the woman the mother. The presumption could be rebutted
with evidence to the contrary.
In PRESTONE V PRESTONE (1956)1 ALL ER 124,the court recognized the presumption but held
that the man had successfully rebutted the presumption having established that within the one year when
the child was born he had not had sexual intercourse with the wife.
In MPRIWE V OLIVER NINSIMBIMANE HCCS NO.5 OF 1990, Tsekooko j held that the
evidence of similarity in physical features between a child and alleged parent is admissible to prove
paternity, although the evidence is not conclusive.
Under the children’s act.
Under S.110 of the children’s act cap 62, there is prima facie evidence of parentage where
1. The name of the father or the mother of a child is entered in the register of births in relation to a
child.
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2. An instrument executed as a deed or signed jointly or severally by each of the persons in the
presence of a witness acknowledging parentage as either the mother or father.
3. An order of a court for maintenance against a person under any written law has been issued in
respect of that child
4. An order made by a competent court outside Uganda in any affiliation or similar proceedings
declaring or having the effect of declaring a person the mother or father of a child.
5. A reference, express or implied in a will written or oral where the person names the child as a
daughter or son.
6. A statement, written or oral by a deceased person confided to a person in a position of authority

indicating that the deceased is or was the father or the mother of a particular child.
Under S.114 (4) of the children’s act cap 62, a declaration of parentage by a court is conclusive proof of
parentage.
An application for a declaration of parentage.
Forum
According to practice direction no.1 of 2011, magistrate grade one courts exercise jurisdiction
over family and children’s court
Under S.112(1) of the children’s act cap 62, of the children’s act as amended, the application for a
declaration of parentage is made to the family and children’s court having jurisdiction in the place where
the applicant resides.
W HO MAY MAKE THE APPL ICATION .

According to S.110 of the children’s act cap 62, the application may be made by:
a) The mother of a child
b) The father of a child
c) The guardian of a child
d) The child himself or herself through a next of friend
e) The man alleged to be the father
f) The woman alleged to be the mother of the child.
W HEN CAN THE APPLICAT ION BE MADE .

Under S.111 (1) of the children’s act cap 62, the application may be made:
a) During pregnancy
b) Any time before the child attains 18 years of age.
c) Within 3 years after the death of the alleged father or mother.
Under S.111 (2), the application may with leave of court be made at any time after the 3 years from the
date of the death of the alleged father or mother.
P ROCEDURE FOR APPLICA TION FOR DECLARATI ON OF PARENTAGE .

1. SECTION 110(D) of the children’s act cap 62, The application is by complaint on oath to a
family and children court. Rule 20 of the children (family and children court rules, S.I no.59-2,
the application for a declaration of parentage shall be by a complaint on oath as specified in form
2 in the schedule to the rules.
2. Under S.112 (5) of the children’s act, any person sought to be tested must be made a party to the
proceedings.
3. The court to which the application is made must issue summons to the person alleged to be the
father or mother of the child to appear before the court on a day named. S.112 (1) of children’s
act. Rule 21 of the rules
4. On the appearance of the person summoned or on proof that the summons was duly served on
him or her at his or her place of abode seven days or more before the hearing the court will hear
the evidence of the applicant and also hear that of the alleged father or mother if any . S.112(2)
5. If satisfied by the evidence of the applicant, the court may adjudge the person to be the mother or
father of the child.
B LOOD TESTS AND SCIEN TIFIC PROOF OF PAREN TAGE .

Under S.112(4) of the children’s act, a court may on application or on its own motion during the
proceedings for a declaration of parentage make an order any person to give a blood sample for the purpose
of blood tests.
S.112 (5) requires that the person sought to be tested must be made a party to the proceedings.
IN THE CASE OF MAGAMBO V MAGAMBO (MISCELLANEOUS APPLICATION 293 OF

2023), THE CASE LAYS DOWN PRINCIPLES FOR DNA PATERNITY TESTING FOR
CHILDREN WHO ARE BENEFICIARIES OF A DECEASED PERSON.
a) Courts of law ought to order exhumation for DNA paternity testing purposes as a last resort and
the applicants are supposed to clearly state if there is any DNA stored material available or sample
of the deceased’s blood or purposes of the same.
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b) The applicant ought to make all the children upon whom a DNA paternity test is sought as
respondents so that they can respond accordingly as per the principles of fair hearing and this is
meant to prevent a scenario where two siblings connive before court to consent to an order
affecting others.
c) The courts of law ought to prioritise “sibling kinship tests” if the answer the children require is to
confirm that they are siblings and that the same can be pursued before seeking a DNA paternity
test order from court where the parent against whom the test would be conducted is deceased.
Court dismissed the application pursuant to the fact that many of the children from whom they sought a
DNA test were not party to the suit and neither did the applicants show that there was an attempt to
conduct a “sibling kinship test.”
E FFECT OF DECLARATION OF PARENTAGE .

S.115(1) of the children’s act cap 62, provides that a declaration of parentage by a court shall have
the effect of establishing a blood relationship of father and child or of mother and child and the child shall
be in the same legal position towards the parent as a child actually born in lawful wedlock.
The declaration however does not of itself confer rights of custody of the child upon the declared parent.
S.115 (2) of the children’s act
N ECESSARY DOCUMENTS
1. Complaint on oath (form 2 in the schedule to the rules)
2. Summons ( form 3 in the schedule to the rules)
Appeals
Under S.119 of the childrens act cap 62, a party that is not contented with the declaration of
parentage may appeal to the chief magistrate’s court in respect of the same.
C OMPLAINT ON OATH .
IN THE FAMILY AND CHILDREN COURT AT
MUKONO.
IN THE MATTER OF THE CHILDREN ACT CAP 62
IN THE MATTER OF KEVIN KAWINO ATEENYI (A CHILD)
AND
IN THE MATTER OF AN APPLICATION FOR A DECLARATION
OF PARENTAGE
FAMILY CAUSE NO 01 OF 2019
COMPLAINT ON OATH.
I, JOHN BYARUHANGA of SUI GENERIS AND CO. ADVOCATES, P.O BOX 7117, KAMPALA,
being the father apply for a declaration of parentage against MIRIA NAIKOBA being the grandmother
of KEVIN KAWINO ATEENYI on the following grounds:
1. That I am the father to Kevin kawino Ateenyi.
2. That the respondent, Miria Naikoba, the mother to my deceased wife has custody of Kevin
kawino and won’t allow me have his custody as the father.
3. That the respondent disputes that I am the father of the named minor and alleges my deceased
wife told her so.
4. That it is in the best interest of the child that this declaration of parentage is made.
SWORN AT KAMPALA this 3oth day of November, 2019 by the said JOHN BYARUHANGA.
COMPLAINANT
Before me
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Summons.
IN THE FAMILY AND CHILDREN COURT AT
MUKONO
AND
IN THE MATTER OF AN APPLICATION FOR A DECLARATION
OF PARENTAGE
FAMILY CAUSE NO.01OF 2019
SUMMONS IN CHAMBERS
TO: MIRIA NAIKOBA
WHEREAS JOHN BYARUHANGA has instituted proceedings for a declaration of parentage, you are
summoned to appear in the chambers of the magistrate grade one at the family and children court at
Mukono, in person or by an advocate duly instructed on the 8th day of December 2019 at 9:00 o’clock in
the forenoon to answer to the claim.
TAKE NOTICE that, in default of your appearance on the day above mentioned, the application shall
be heard and determined and such order as is deemed necessary will be rendered in your absence.
GIVEN under my hand and seal of this court on the 1st day of December 2019.
MAGISTRATE.
CUSTODY
S.1 of the children’s act CAP 62 defines a custodian as a person in whose care a child is physically
placed. Thus custody means physical caring of a child. It means who lives with and has the right to make
decisions concerning that child pertaining to all areas of parental responsibility.
In the case of ALI ISSA V FAITH YUSUF, the court observed that the word custody if used in
connection with children concerns control and preservation and care of a child’s personal, physical,
mental and moral integrity and are responsible for the child in regard to their basic needs and rights.
S.5(1) of the children’s act CAP 62 impose a duty on any parent ,guardian or any person having
custody of a child and the duty confers onto the child the right to: education and guidance ,immunization,
adequate diet, clothing, shelter and medical attention. Also article 34.
Further under S.5 (2) OF THE CHILDREN’S ACT CAP 62, the person having custody of a
child shall protect the child from discrimination, violence, abuse and neglect.
Married couples living together have equal rights whereas parents who have divorced or separated
or under any circumstances are not living with the child may apply to court to decide on who must have
the custody of the child.
Application for custody

Forum
The family and children’s court in the local jurisdiction where the child resides. (Rule 5 of the fee
rules.
Who can apply for custody order.
 Mother of the child
 Father of the child
 Guardian
 Probation and social welfare officer.
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Procedure
1. Under Rule 19(3) of the rules, the application is as specified in form 1 in the schedule to the rules.
2. Rule 19(1) requires that the application is supported by an affidavit and any reports or documents
to be relied upon.
3. Under rule 21 summons which must be as specified in form 3 to the schedule of the rules must be
issued to the respondent.
4. On the day stipulated upon the respondent appearing or proof of service being filed, the court will
proceed to hear the application and rule accordingly
 S.116(3) mandates court to primarily consider the welfare of the child when arriving at
the decision for an order of custody
N ECESSARY DOCUMENTS
1. Application ( form 1)
2. Affidavit in support
3. Summons
Namara Ruth v. Tukamwesiga Phenehas (Civil Appeal No. 15 of 2022) a parent's past absence from a
child’s life should NOT automatically disqualify them from future efforts to assume their parental
responsibilities.Hon. Lady Justice Celia Nagawa, while emphasizing that the basic concern in matters of
child custody should always be the best interests of the child, stated that “court cannot conclude that a
parent's past absence from a child’s life should automatically disqualify them from future efforts to assume
their parental responsibilities. To impose such a restriction would not only unfairly penalize the parent
but, more importantly, would harm the child by depriving them of the opportunity to build a meaningful
relationship with that parent. The primary focus must always be in the best interests of the child, which
includes the potential for positive involvement from both parents, regardless of previous circumstances.
Denying a parent the chance to participate in their child’s life solely due to prior absence would ultimately
hinder the child's emotional and developmental well-being.”
Application
IN THE FAMILY AND CHILDRENS COURT ACT
MUKONO
IN THE MATTER OF KEVIN KAWINO ATEENYI
AND
IN THE MATTER FOR AN APPLICATION FOR A CUSTODY ORDER
FAMILY CAUSE NO.1 OF 2019
APPLICATION FOR A CUSTODY ORDER.

I, JOHN BYARUHANGA OF SUI GENERIS AND CO ADVOCATES, P.O BOX 7117, KAMPALA
being the father apply for a custody order against MIRIA NAIKOBA being the grandmother of KEVIN
KAWINO ATEENYI on the following grounds
1. That I am the father of the child and I have been taking care of all his needs for his life time.
2. That it is his best interest that he grows living together with his other two siblings who are in my
custody
3. The respondent, Miria Naikoba in whose custody the child is now is a heavy drinker, and when
drunk uses profane and lewd language which is likely to negatively affect the child.
4. That it is in the best interest of the child that this application is granted.
Dated this 30th day of November, 2019.
APPLICANT.
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A FFI DAVIT IN SUPPORT .

IN THE REPUBLIC OF UGANDA
IN THE FAMILY AND CHILDREN COURT AT MUKONO
AND
IN THE MATTER FOR AN APPLICATION FOR A CUSTODY ORDER
FAMILY CAUSE NO. 01 OF 2019
AFFIDAVIT IN SUPPORT OF THE APPLICATION FOR A CUSTODY ORDER.
I, JOHN BYARUHANGA OF SUI GENERIS AND CO ADVOCATES, P.O BOX 7117, KAMPALA
do here by make wan oath and solemnly state as follows;
1. THAT I am a male adult Ugandan of sound mind aged 38 years and the applicant in this matter
and I swear this affidavit in that capacity
2. THAT I am the biological father of the minor Kevin Kawino Ateenyi aged 5 years old. (Attached
is the birth certificate of the said minor.)
3. THAT I lost my wife to post-natal complication three days after giving birth to the said minor.
(Attached is a death certificate of Elizabeth Namukose my deceased wife.)
4. THAT my deceased wife’s grandmother, Yayeri Babirye offered to look after the baby and l
obliged given it was very tender.
5. THAT my mother in law, Miria Naikoba picked the minor from Yayeri Babirye and took over its
custody.
6. THAT throughout the five years, I have materially and financially provided for Kevin. (attached
are the receipts for all expenses ranging from baby diapers, clothes ,toys, milk, medical expenses
and Kevin’s tuition, scholastic materials among others)
7. THAT I have and continue to visit Kevin every weekend in the company of her siblings
8. THAT Maria Naikoba who is in custody of Kevin is a heavy drinker who on many occasions
returns to her home in a drunken state and uses profane and lewd language which will in the long
negatively impact on the grow of Kevin.
9. THAT it is in the best interest of Kevin that this honorable court issues the order so that she can
grow up with her siblings and in a loving and caring home.
10. THAT I swear this affidavit in support of my application for a custody order for Kevin.
11. THAT what is stated herein above is true and correct to the best of my knowledge and belief.
SWORN AT KAMPALA by the said JOHN BYARUHANGA on this 3oth day of November 2019.
DEPONENT.
Before me
Drawn and filed by
SUI GENERIS AND CO ADVOCATES.
Summons.
AND
IN THE MATTER FOR AN APPLICATION FOR A CUSTODY ORDER.
SUMMONS IN CHAMBERS.
TO: MARIA NAIKOBA
WHEREAS JOHN BYARUHANGA has instituted proceeding for a custody order for Kevin Kawino
Ateenyi you are summoned to appear in the chambers of the magistrate Grade one court at Mukono in
person or by an advocate duly instructed on the 10 th day of December, 2019 at 9:00 o’clock in the
forenoon to answer to the claim.
TAKE NOTICE that in default of your appearance on the day above mentioned, in the application shall
be heard and determined and such order as is deemed necessary will be rendered in your absence.
GIVEN under my hand and the seal of this court on the 1st day of December 2019.
MAGISTRATE.
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I NTERIM CUSTODY OR DER .

An interim custody order as stated under S.117(3) of the children’s act cap 62 be issued
where the court is satisfied that:
a) The child is suffering or likely to suffer harm if the order for the interim custody is not issued.
b) The order is the best interests of the child.
The application for an interim order act stated under S.117 (1) may be brought by:
 A probation and social welfare officer
 Mother of a child
 Father of the child
 Guardian of the child
Procedure.
The application is by notice of motion under O.52 of CPR and as required under S.117 (2) of the
children’s act must by supported by an affidavit in support.
Necessary documents.
 Notice of motion
 Affidavit in support
 Summons
Forum
The family and children court with jurisdiction in the area where the child resides.( Rule 5 of Rules).
FCC COURT RULES.
Under R.4 (1) (b) of rules general principles on procedure that apply to CPR apply. Under O.52, where
a procedure isn’t stipulated, you proceed by notice of motion.
MAINTENANCE
Section 121 (8) provides that maintenance includes feeding, clothing, education and the general
welfare of the child. Under Art.34 and S.4 of the children’s act, every child has a right to be maintained by
his or her parents.
Under S.5 (1) of the children’s act, it’s the duty of every parent, guardian or any person having
custody of a child to maintain that child and in particular to things like education and guidance,
immunization, adequate diet clothing, shelter and medical attention.
In the case of RWABUHEMBA TIM MUSINGUZI V HARRIET KAMAKUMA CIVIL

APPLICATION NO. 142 OF 2009, the court observed that parents have a fundamental right to care
and bring up their children and such rights is a constitutional right is a constitutional right it should not
be considered in isolation.
A PPL ICATION FOR A MAI NTENANCE ORDER .

Forum
S.121 (5), states that the application for maintenance order is to the family and children court
having jurisdiction in the place where the applicant resides.
W HO CAN MAKE THE APPL ICATION .

S.121(1) states that any person who has custody of a child and who is:
a) The mother of the child
b) The father of the child
c) The guardian of the child
may apply for a maintenance order against the father or mother of the child.
Under S.121 (2) of the children’s act cap 62, a child in respect of whom a declaration of parentage has been
made may also make an application through a next of friend.
When can the application be made.
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Subject to S.121 (3) the application may be made:
a) During a subsisting marriage
b) During proceedings for divorce, separation or nullity of marriage.
c) During separation
d) During proceedings for declaration of parentage
e) After a declaration of parentage has been made.
Under S.121 (4) of the children’s act cap 62, the application may be made:
a) At any time during pregnancy
b) Before the child attains 18 years of age.
P ROCEDURE .
Section.121 (5) of the children’s act cap 62, states that the application is made by complaint on
oath to a family court
S.121 (6) of the children’s act cap 62, summons must be issued to the father or mother of the child
to appear before the court on a day named in the summons
S.121(7) on appearance of the person or on proof that the summons were served on the person or
more days before the hearing, court will hear the evidence of the applicant and where the respondent is in
court, also hear their evidence and if satisfied make the maintenance order for payment to the applicant:
a) A monthly sum as determined by the court having regard to the circumstances of the case and the
financial means of respondent.
b) Funeral expenses of the child if it died before the making of the order
c) Costs incurred to obtain the order.
R ECOVERY OF MAINTENAN CE MONEY .

If after a month the sums ordered have not been paid and the respondent neglects all efforts to
have him/her pay, a magistrate may by warrant under S.122 of children’s act cap 62 direct:
a) That an attachment of earnings be made.
b) That the sum due, together with any costs incurred, be recovered by distress and sale or
redistribution of the property of the father or mother unless he or she gives security by way of
recognizance or otherwise to the satisfaction of court for his or her appearance before the court
on a day appointed for the return of the warrant of distress, but not more than 7 days from the
taking of the security.
V AR IATION OF MAINTENA NCE ORDER .

Under Section 123 (1) of the children’s act cap 62, a maintenance order may on the application
of the applicant at the time of grant or by the person against whom the order was made , court may vary
by increasing the sums or decreasing the amount previously order having due regard to the circumstances.
Necessary documents
1. Complaint on oath
2. Summons.
A) SPOUSES
Under common law, the husband has a duty to maintain his wife and such is limited to necessities. IN
THE CASE OF KINTU V KINTU DIVORCE CAUSE NO.135 1997, it was held that the wife has a
right to occupy the matrimonial home and be provided with necessities
B) CHILDREN
Article 34(1) of the 1995 constitution of Uganda, children shall have the right to know and be cared for
by their parents or there entitled by law to bring them up
Section 3 C.A, welfare principle of children
Section 6 C.A, parental responsibility over children.
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Omnibus application for declaration of parentage and a maintenance order.
IN THE MATTER OF KEVIN KAWINO ATEENYI, (A CHILD)
AND
IN THE MATTER OF AN APPLICATION FOR A DECLARATION OF
PARENTAGE AND
IN THE MATTER OF AN APPLICATION FOR A MAINTANANCE ORDER.
IN THE MATTER OF THE CHILDRENS ACT AS AMMENDED.
COMPLAINT ON OATH
I, MERIDA KWAGALA OF SUI GENERIS AND CO. ADVOCATES, being the mother of Kevin
Kawino Ateenyi apply for a declaration of parentage and an order of maintenance against JOHN
BYARUHANGA being the father of Kevin Kawino Ateenyi on the following grounds:
1. THAT I had a love relationship with John Byaruhanga.
2. THAT the relationship resulted into the birth of a baby girl, Kevin Kawino Ateenyi.
3. THAT from the time I conceived until 2017, the respondent John Byaruhanga used to provide
financial support for Kevin’s needs
4. THAT after he discovered Kevin was epileptic he stopped providing financial support stating that
he had no epileptic history in his family.
5. THAT the respondent has since denied fathering Kevin and rendering any financial support for
her needs.
6. THAT it’s in the best interest of Kevin that declaration for parentage is made against john
Byaruhanga and a maintenance order issued against him.
WHEREOF THE applicant prays for orders that:
a) Declaration of parentage
b) Maintenance of the child to be paid to the applicant

c) Custody of the child to the applicant
SWORN at Kampala by MERIDA KWAGALA on the 30th day of November 2019,
APPLICANT
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INTERIM ORDERS AND ORDERS THAT CAN BE ISSUED

FOR CARE, PROTECTION AND WELAFRE OF THE CHILD.
1. Supervision orders/interim supervision orders.
Under S.45 (a) of the children’s act, a probation and social welfare officer or an authorized person may
apply to an FCC for a supervision order placing a child under the supervision of a probation and social
welfare officer while leaving the child in the custody of his or her parents or relatives.
A PPLICATION
Under section 48 of the children’s act cap 62, the applicant must satisfy themselves that
a) The local government councils from village to sub county level where the child resides have dealt
with the matter without success
b) There is need for continuous supervision enforced by a court order before making the application.
The application is as provided in form 2 and in the schedule to the rules with a valid affidavit.
D U RATION OF SUPERVISI ON ORDER .

Under Section 50 (1) of the children’s act, a supervision order shall be for one year though may be
extended for further year on the application of the probation and social welfare officer.
Duties of a supervisor while a supervision order is in force.
These are stated under section 49 of the children’s act cap 62 and they are:
a) To be friendly to, advise and assist the supervised child
b) To advise the parents
c) To make plans for the child’s future in consultation with the child and his or her parents or
guardian.
d) To apply to the court to discharge or vary the order if necessary.
e) To take such reasonable steps as may be necessary.
Care order and interim care order.
Under section 53(1), a probation and social welfare officer or an authorized person may apply to
an FCC for a care order or interim care order placing a child in the care of the warden of an approved
home or with an approved foster parent in accordance with the foster care placement rules in the 2 nd
schedule to the act.
Application
Under Section.53 (2) of the children’s act cap 62, the applicant must prove that:
a) All possible alternative methods of assisting the child have been tried without success and the
significant harm from which the child is suffering or is likely to suffer requires him or her to be
removed from where he or she is living.
b) The danger to which the child is exposed is so severe as to require his or her immediate removal
form where he or she is living.
Duration
Section 55 (1) of the children’s act cap 62 states that a care order shall be for a maximum od three
years or until the child reaches 18 years whichever is shorter.
Grounds for making a supervision or care order.
These are stipulated under section 47 of the children’s act cap 62 and they are:
a) The child concerned is suffering or is likely to suffer significant harm
b) That the harm or probability of harm, is attributable to
I. The care given to the child or likely to be given to the child if the order were not made, not
being what it would be
II. The child’s being beyond parental control.
Exclusion order
Section 60(1) of the children’s act cap 62, a family and children court may in addition to or in proceedings
for a supervision order, care order, interim order, interim-supervision order, interim –care order make an
exclusion order prohibiting a named person from having contact with the child/with the child and persons
looking after the child.
Section 60(2) of the Children’s Act cap 62, a family and children court shall be satisfied that it is necessary
for the protection of the child and to safeguard the children’s welfare.
Section 60(3) of the children’s act cap 62, the court may specify the duration of the exclusion order.
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TOPIC FIVE
ADOPTION OF CHILDREN
Introduction
Adoption is defined in Collin’s Dictionary of law8 as the legal process by which a parent child relationship
is created between an adult and a child; who is not biologically theirs.
Nigel Lowe and Gillian Douglas in Bromley’s family law 11th edition, they define adoption at page 682 as
the processes by which a child’s legal parentage is entirely and irrevocably transferred from set of adults
usually the birth parents and vested on other adults, namely the adoptive parents.
It involves the complete severance of the legal relationship between parents and child and the
establishment of a new one between the child and the adoptive parents.
Adoption vests full parental responsibility exclusively in the adopters.
LAW APPLICABLE TO ADOPTION.

 The constitution of the republic of Uganda (1995) as amended
 Children’s act cap 62
 The children (Adoption of children) rules.
RE: EDISON MUGAGA, ADOPTION CAUSE 15/2019, justice Mutonyi defined adoption as the
creation of a parent-child relationship by a judicial order between two parties who are unrationed creating
a lifelong relationship of parentage between the child and the adoptive parent.
Distinction between guardianship and adoption.

1. S.94 of the children’s act cap 62, Adoption severs the legal ties between the child and his/her birth
parents unlike guardianship where the ties of the child with his/her biological parents are not
severed. Section 80 of the children’s act cap 62, states that guardianship order only vests the
guardian with parental responsibility over the child.
8
2nd Edition Pg 14
2. Further under S.89, of the children’s act, the adoption order unless revoked is permanent and the
child even upon attaining 18 years remains a member of the adoptive family and can under
inherent the property of the adoptive parents upon their demise. While under S.43 H (2), a
guardianship order only remains in force until the child attains 18 years.
Adoption is premised on the provision of section 6 of the Children’s Act that every parent shall have
parental responsibility of his or her child. Article 31(4) makes it a right and duty of parents to care and
bring up their children.
The checklist for resolution includes the following:
1. Whether the prospective adoptee can be adopted?
2. Whether the prospective adopter can adopt?
B E LOW ARE THE PRELIQU I SITES AS ENUNCIATED IN THE C H ILD RENS A CT

The applicant should be above 25 years or 21 years older than the child in question.
Secondly, if the applicant is a foreigner, he or she should have stayed in Uganda for a period of at least 3
years.
Thirdly, the applicant should have fostered the child for 36 months, under supervision.
The applicant should not have a criminal record.
A foreign applicant should have a recommendation concerning his or her suitability to adopt the child.
The foreigner should satisfy court that his or her country of origin will recognize the adoption order.
If the parents, guardians or person in custody of the child of the child can be got, they ought to consent
to the adoption.
If the child is above 14 years of age, he or she ought to consent to the adoption.
A male adoptor should only adopt male children and a female adoptor should only adopt female children.
This was stated in O’ Connor vs O’ Connor.
It must be noted from the onset that court looks at the welfare principle in considering adoption of a child.
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In relation to who can be adopted;
The context of section 2 of the Children’s Act shows that the person should be below 18 years and
secondly, the child need not be a Ugandan to be adopted. This is fortified by section 44 of the Children’s
Act.
PROCEDURE OF ADOPTING CHILDREN

The forum is;
The Chief Magistrate’s Court if all parties are Ugandan as provided for in Rule 3 (1) of the Children
(Adoption of Children) Rules SI 59-1.
If the Respondent is non Uganda, the forum is the High Court per Rule 3 (2) of the Children (Adoption
of Children) Rules SI 59-1
T HE PROCEDURE IS AS F OLLOWS
The prospective adopter files a Petition in Form D to the Rules, supported by an affidavit.
A consent Form of the Parents/ guardians/ persons in custody of the child should be attached . it is in
form C to the rules.
A Consent Form of the child if the child is above 14 years should be attached. It is form G to the rules.
A Medical Examination in Form E should be attached.
Upon filing the Petition, a notice of hearing is obtained.
It must be noted that in the petition, the following matters should be addressed:
The particulars of the subject/ adoptor,
The capacity of the adoptor,
The age and citizenship of the adoptor,
That this is done pursuant to the welfare principle.
One should aver that he or she is not receiving any award for the adoption.
W HO MAY A PPLY .
S.87 (1) of C.A states that an adoption order may be granted to sole applicant or jointly to spouses.
Where the application is by one spouse, S.87(1)(b) requires that the other spouses consent is
sought and obtained however the same maybe dispensed with by the court under S.87(2) if the spouse
whose consent is required cannot be found or is incapable of giving consent or the spouses are separated
and living apart and the separation is likely to be permanent
S.87(3) of C.A bars the issuance of an adoption order in favor of a sole male applicant in respect
of a female child and the other way round except if the court is satisfied that there are special circumstances
that justify the making of the order.
R EQUIREMENTS FOR ADOP TION FOR A U GANDAN CITIZEN FOR A U GANDAN CHILD .
1. Both applicants and the child must be Ugandan citizens. S.86(1)(a)
2. Age. S.87(1)(a) states that the applicant or at least one of the joint applicants must have attained
the age of twenty-five years (25) and is at least twenty one (21) years older than the child.
3. Foster care
S.87 (4) of the C.A makes it a mandatory requirements that the applicant has fostered the child for a period
of not less than 12 months under the supervision of a probation and social welfare officer. IN RE;
CINDY KICONCO MATISKO AND KIRABO CRYSTAL KAMUKAMA H.C ADOPTION
CAUSE NO.03 OF 2019,the court noted that proof of foster care was subject to the issuance of a foster
care order which should be presented in court. It was not sufficient that the report of the social welfare
officer alleges that the applicants(s) fostered the children for a given period of time as was in the case.
Further the requirement could be satisfied by the evidence of the child where they are of age. In this case
the children stated that they had been in the care of their parents all through and not the applicants. The
children were aged 14 and 17 years.
4. Report of the probation and social welfare officer.
This is a requirement under S.87(5) of the C.A and report submitted must state the ability of the
applicants to cater for the needs of the child presently and in future and whether or not the child has
bonded with the applicants during the foster care period i.e the suitability of the applicant to adopt the
child. IN RE: CINDY KICONCO MATISKO AND KIRABO CRYSTAL KAMUKAMA, the
probation and social welfare officres report was found wanting as it alleged that the applicant were suitable
adoptive parents yet they had never fostered the children. In RE ARTHURSHYAKA BUTARE
ADOPTION CAUSE NO.61OF 2013, the court ordered that formal report of the probation and social
welfare officer be submitted before it grants the order.
5. Consent
S.87 (1)(b) OF CA requires that the consent of the parents of the child if known must be obtained. In
RE: CINDY KICONCO MATISKO AND KIRABO CRYSTAL KAMUKAMA, both parents
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consented to the application and were present during the hearing. Equally in RE: ARTHUR SHYAKA
BUTARE ADOPTION CAUSE NO.61 OF 2018, the parents of the child consented to the adoption
and gave evidence in court stating that it was in best interest of the child who had intellectual disabilities
to be adopted by the grandmother who was a US citizen and go live with her in the USA as that would
help to have his condition better managed and enable him grow into an independent adult albeit the
intellectual disability. Consent is in the form stipulated in form C in the schedule to the rules. The children
(adoption of children) rules S.1 62-1
Under S.90(6) of C.A , where the child is at least 14 years of age, his or her consent to the adoption must
be obtained unless it’s impossible for him or her to express his or her wishes.
In RE:CINDY KICONCO MATISKO AND KIRABO CRYSTAL KAMUKAMA, both the

children were above 14 years of age and thus the court granted them an opportunity to express their wishes
as to the application to which they consented to. Consent is given in the form stipulated in form D in the
schedule to rules.
Under S.90 (7), the consent of any person who is not the parent of the child but has any rights or
obligations in respect of the child by either an order of court, or agreement or under customary law must
be obtained.
IN OCHAYA CHRISTOPHER AND SARAH OCHAYA in respect of LAMARO LILLIAN

OCHAYA( a wild) H.C.M.A 0028/2017, the consent of the child’s grandfather was required and only
after it had been obtained was it granted.
Equally in RE: BIRABWA MUTAKA ADOPTION CAUSE O.4/2018, the maternal grandfather
was called to court to give consent to the adoption.
Dispensing with consent.

The consent of the parents required under S.90 (1) of C.A may be dispensed with under S.90 (2)
if the court is satisfied that the parent(s) are incapable of giving such consent or his whereabouts are
unknown as was the case with the father of Lamaro Lillian in OCHAYA CHRISTOPJHER AND
SARAH OCHAYA in respect of LAMARO LILLIAN OCHAYA (A CHILD) H.C.M.A
0028/2017.
RE: BIRABWA MUTAKA ADOPTION CAUSE 014/2018, Justice Eva Luswata, dispensed with
the consent of the mother noting that despite the mother and her previous situation of being in a foster
care home she had never bothered to look out for her and had actually dumped her at her estranged lovers
place knowing he wasn’t the father of the child. It could not be in the best interest of the child to be re
united with such a person.
6. The best interest of the child.

P ROCEDURE
1. Under rule 3(1) of the children (adoption of children) rules S.1 59-1, the application for
adoption is by petition to the chief magistrates court in FORM A in the schedule to the rules
supported by an affidavit (Rule 7)
2. Rule 3(3) states that the petition is presented exparte by the person or their advocate to the
CM sitting in chambers and the CM shall give directions as to service, appointment of a
guardian ad litem and nay further consent as may be required.
3. Under Rule 5, the petition must be served on the
a) Parent or parents of the child if any
b) The guardians of the child or if nerve
c) The person or persons having the actual custody of the child or if none
d) The person or persons liable to contribute to the support of the child
e) The child if of the age of 14 years or above.
 Rule 6(1) provides that service of the petition shall unless otherwise directed by the C.M be
served by an officer of the court by delivering or tendering a copy of it signed by the registrar
or the CM and sealed with the seal of the court to the person to be served.
Rule 6(2) requires that the service of every petition is verified by affidavit unless the CM directs otherwise.
INTERCOUNTRY ADOPTION
S.88 (1) of the C.A provides that a person who is not a citizen of Uganda may in exceptional
circumstances adopt a Ugandan child subject to satisfying the requirements listed under the provision.
Under S.88 (6) inter-country adoption should be the last option for any child.
Requirements for intercountry adoption
The requirements discussed under adoption by citizens apply in addition to: S.88 (3)
1. Applicant must have stayed in Uganda for at least one year. (S.88 (1) (a)).
2. Has fostered the child for at least one year under the supervision of a probation and social welfare
officer.
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 The notes under adoption by citizens apply. However under S.88 (4) the court may in
exceptional circumstances waive any of the requirements including that’s one.
In RE: MUSINGUZI DAVIS ALIAS ELIJAH DAVID HARPER (A CHILD) ADOPTION

CAUSE NO.0001 OF 2018, the applicants had only fostered the child for nine months. The court
waived the requirement for 12 months because the applicants were to travel back to the USA in a short
time and needed to start processing the child’s travel documents so as to travel with it.
In the matter of adoption of Apolot Betty adoption cause no 33 of 2018, the applicant had not
fostered the child for 12 months as she was away in the USA working but visited occasionally while the
child was under the physical care of her appointed 3rd party. She provided for all the needs of the child.
The court noted that it was in the best interest of the child that the requirement be waived given the bond
exhibited between the applicant and the child while in court.
IN THE MATTER OFADOPTION OF MIREMBE ANGEL BY RUDY RAY LEE AND

JESSICA LEE JOE LEE, ADOPTION CAUSE NO.32 OF 2018, court noted that constructive
fostering may be permissible in certain instances. Constructive fostering is where an adoptive parent
appoints a capable 3rd party to do physical fostering while the needs of the child are met by the prospective
adoptive parent. In this case, the adoptive parents had minor children and also were in permanent
employment and it was not proper to expect them to put all these duties for 12 months thus there was a
genuine cause for the constructive fostering and in that period the applicants had visited the child for four
times staying four two weeks each time so as to bond with the child.
3. Does not have a criminal record (S.88(1)(C))\
In OCHAYA CHRISTOPHER AND SARAH OCHAYA in respect of LAMARO LILLIAN

OCHAYA (A CHILD) H.C.M.A 0028 OF 2017, police reports from the applicants respective country
reports (Uganda and Australia) were accepted as proof that they did not have a criminal record. Interpol
reported have also been accepted as was in
4. Recommendation on the suitability of the applicants to adopt a child from their country of origin
by a probation and welfare officer or other competent authorities. S.88 (1)(d).
In RE: ARTHUR SHYAKA BUTARE ADOPTIVE CAUSE NO.61 OF 2018, the inter country
home study report showing suitability of the applicant to adopt the child had not been submitted. Court
order it be produced before it went on to grant the adoption order.
5. Satisfies court that his or her country of origin will respect and recognize the adoption order .
S.88(1)(e)
6. Consent under S.90 OF CA

F ORUM FOR T HE APPLICA TION

S.93 (1) (b) and Rule 3 (2) of the rules stipulate that the forum is the high court of Uganda.
Procedure
 (as is in the adoption by citizens)
 Petition is as in the form in form B of the notes. (Rule 3(2)).
The Documents
Petition
Consent Forms
Affidavit (if petiton is not verified)
R ESTRICTION AND CONDI TIONS FOR INTER - COUNTRY ADOPT ION

a) Section 87(1) Children’s Act cap 62, an adoption order may be granted to a sole applicant or
jointly to spouses where; the applicant is atleast 25 years old and is atleast 21 years older than the
child;incase of spouses ,consent of the other is required prior to the adoption.
b) Section 87(2) of the C.A, court may dispense with the consent of a spouse if he/she cannot be
found or is incapable of giving consent or where there is separation
c) Section 87 (3) of the C.A, an adoption order not to be made in favour of a sole male applicant in
respect of a female child or vice versa unless under exceptional circumstances.
In RE DERRICK MUGOYA ,EDWARD KABUYO (CHILDREN)ADOPTION CAUSE NO.67 OF

2007, the learned judge noted that section 45 is only discretionary and not mandatory and the period can
be waived if it is in the best interest of the child.
Section 90 of the C.A, consent of a child’s parent is necessary if the parents are known but it may be
dispensed with at courts discretion in exceptional circumstances.
CONSEQUENCES OF ADOPTION
The implications of adoption should be noted;
The rights of the natural parent cease, and the adopter gains rights of parental responsibility.
The child acquires the domicile and name of the adopter.
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Where the adopter dies intestate, the property devolves to the adoptive child. If the distribution is unfair,
the adoptive child can seek to apply to vary a will.
An adoptive child looses the right to inherit from its natural parents. This was held in Lumu’s Case AC
8 0f 2000
S.94 of CA states that an adoption order severs all ties between the child and the biological parents and
the same is vested on the adoptive parents. The order is permanent and even after attaining the age of 18
the child remains a member of the adoptive family.
However under S.89 of the children’s act cap 62, the court can on the application of the adopted
child, a parent of the adopted child or guardian, the adoptive parent, any person who is consented to the
adoption and the minister in case of an inter country adoption and the minister in case of an inter country
adoptive , in exceptional circumstances rescind an adoption order.
S.89 (2), states that the order can only be rescinded if it’s in the best interest of the child or if the
order was obtained through fraud.
S.89(3), states that where the adoption order is rescinded, the order shall cease to apply and all
responsibilities ,rights and other matters which had been terminated by the adoption order in respect of
the child will be restored.
Extraction of an adoption order and registration of the order.
Under S.97 of the children act, the registrar of births and death is mandated to maintain an
adopted children register. Thus an adoption order must be extracted in the form prescribed under form
H in the schedule to the rules for purposes of registration pursuant to Rule 17.
Upon registration of the order, counsel must obtain certified copies of the same and give a copy
to his or her client.
D OCUMENTS F OR A DO PTION
IN THE HIGH COURT OF UGANDA HOLDEN AT KAMPALA
ADOPTION CAUSE NO. OF 2005
AND
IN THE MATTER OF NAMULI IRENEA CHILD OF BUTALEJA PARISH, BUTALEJA

SUB-COUNTY, , BUTALEJADISTRICT.
PETITION
The JOINT PETITION OF WAGUBI EMMY and WAGUBI EMMA both of St. Francis
BUTALEJA Hospital P.O. Box 22004, BUTALEJA states as follows:
1. The Respondents are desirous of adopting the child NAMULI IRENE under the provisions of
the Children Act Cap 59.
2. The joint Respondents are residents of BUTALEJA Professionals Village LC1, BUTALEJA
Parish, BUTALEJA Sub-County, BUTALEJA District, Uganda and are citizens of South Africa
who first arrived in Uganda in July 2000 and stayed up to January 2003 and went back to Italy
and returned to Uganda in November 2004 and have been residents in Uganda since then.
3. THAT the Joint Respondents address while in South Africa is 1 Canteen Tentway, 09
Johannesburg, SOUTH AFRICA.
4. THAT the Joint Respondents, WAGUBI EMMYand WAGUBI EMMAare married to each
other, having married in Italy on the 23rd day of April 1994 but do not have children (copies of
the marriage certificate-cum-Wedding Certificate and its translation are annexed hereto and
marked as Annexture “B” and “C” respectively).
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5. THAT the Joint Respondents, WAGUBI EMMY and WAGUBI EMMA are by occupation
Medical Doctors working at St. Francis Hospital BUTALEJA and both are fit to adopt the said
children.
6. THAT the Joint Respondents are not related to the child NAMULI IRENEand the Child
Nakimuli Sicholastic respectively.
7. THAT the Joint Respondents, WAGUBI EMMY is 55 years of age and WAGUBI EMMA is
40 years of age (Copies of the Joint Respondent’s Passports are attached hereto as Annexture “D1”
and “D2” respectively).
8. THAT the Joint Respondents, WAGUBI EMMY have annexed a Certificate marked “E1” and
its translation as “E2”, WAGUBI EMMA a certificate marked “E3” and its translation as “E4”,
both to the effect that the Joint Respondents do not have a criminal record in Italy their country
of origin.
9. THAT the Joint Respondents, have annexed certificates marked “E5” and “E6” respectively, both
to affirm that the joint Respondents do not have any criminal record in Uganda or any other
country.
10. THAT the Joint Respondents attach their recommendations of their suitability to adopt the said
children from:
i) Ogwang Bob, Chairman LC1, BUTALEJA
ii) Rt. Rev. Nanima Bob , Bishop of Tororo Diocese.
(Copies of recommendations are attached hereto and marked as Annexture “F1”, and “F2 respectively).
11. THAT the said Respondents are resident with the child NAMULI IRENE aged 7 years (a copy
of the child’s birth certificate is attached hereto as Annexture “G1”).
12. THAT the child NAMULI is of the female sex, unmarried, a child of an unknown person, having
been found abandoned at BUTALEJA TRADING CENTRE. (see a copy of the sworn
statements of HYALO BEN the probation and social welfare officer, BUTALEJA attached
hereto as Annextures “H1”).
13. THAt the child is a citizen of Uganda, a resident of BUTALEJA, and now in the custody of the
joint Respondents both of whom are residents at the stated address.
14. THAT theof good health (copies of certificate of good health are attached hereto as Annextures
“H3” and “H4” respectively).
15. THAT the joint Respondents WAGUBI EMMYand WAGUBI EMMA of St. Francis
BUTALEJA Hospital P.O. Box 22004, BUTALEJA are liable to contribute to the support of the
child NAMULI IRENE.
16. THAT the said child NAMULI IRENE has not been the subject of an adoption order or an
application or petition for an adoption order.
17. THAT the Respondents or either of them have neither received nor agreed to receive nor has any
person made or given or agreed to make or give to the Respondents or either of them any payment
or reward in consideration of the adoption of the said child NAMULI IRENE.
18. THAT the child NAMULI IRENE and has been fostered by the joint Respondents since the 4th
day of November 2004 under the supervision of a Probation and Social Welfare Officer, whose
report is attached to this petition and marked as Annexture “I”.
19. That the joint Respondents have been granted guardianship of the child NAMULI IRENE by
the High Court of Uganda at Kampala vide High Court Family Cause No. 026 of 2005 (A
copy of the Ruling and Orders are attached hereto as annextures “J1” and “J2” respectively).
20. That the joint Respondents’ contracts of service at St. Francis Hospital, BUTALEJA will
terminate in March 2007 and the Respondents will relocate to South AFrica, their home country
thereafter. (Copy of the letter showing expiry of the Respondents’ contracts is attached hereto and
marked as annexture “K”
21. That the joint Respondents will find it difficult and costly to stay in Uganda beyond March 2007
and to be able to foster the child NAMULI IRENE for the remainder of the required statutory
period of 36 months.
22. That the joint Respondents would find it more difficult to obtain adoption of the children in
issue in South Africa if the same is not granted to the joint Respondents by this Honourable Court
while the joint Respondents are still in Uganda.
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23. That both children would miss rights and benefits which accrue to south African citizens which
otherwise would have accrued to them.
24. That the joint Respondents believe that the above do constitute exceptional circumstances where
this Honourable Court should exercise its discretion to dispense with the statutory requirement
for the Respondents to have fostered the children, the subject of the adoption for an aggregate
period of 36 months under the supervision of a Probation and Social Welfare Officer.
25. That it is in the interests of the welfare of the child NAMULI IRENE that adoption of the said
children be granted to the joint Respondents in the circumstances.
26. That the joint Respondents affirm that an adoption order made by this Honourable court will be
respected and recognized in South Africa, the country of origin of the joint Respondents and
produce letter from the Italian Consul annexed hereto as “L” as proof thereof.
27. It is proposed that the costs of this petition be paid by the Respondents WAGUBI EMMY and
WAGUBI EMMA .
WHEREFORE, The Respondents pray:
a) That an order for adoption of the child NAMULI IRENE by the Respondents be made
under the Children Act with all the necessary directions.
b) That the costs of this petition be provided for as above mentioned or otherwise as the
court may direct.
c) That such further or other order be made as the nature of the case may require.
Signed ……………………………….…………….... Respondent
Signed ………………………………………...….. Respondent
All in the presence of; …………………….………………….. Witness

NAME: …………………………….
DATED at KAMPALA this ………… day of ………………… 2005.
DRAWN & FILED BY:

SUI GENERISAND CO. ADVOCATES,
P.O Box 7117,
KAMPALA.
ADOPTION CAUSE NO. OF 2005
AND
IN THE MATTER OF NAMULI IRENEA CHILD OF BUTALEJA PARISH, BUTALEJA

SUB-COUNTY, , BUTALEJADISTRICT.
RESPONDENTS’ SUMMARY OF EVIDENCE.
The Respondents will state that they do not have any criminal record in South Africa or Uganda or any
other country. The Respondents will further state that they have neither received nor agreed to receive
nor has any person made or given or agreed to give or make to the Respondents any payment or reward in
consideration of the adoption of the child NAMULI IRENE. The Respondents will also state that they
have fostered the said children since 4th day of November 2004 under the supervision of the probation and
social welfare officer and that they been granted guardianship of the said children. They will seek that the
Honourable Court dispenses with the statutory requirement that they need to have fostered the children
in issue for a period of 36 months due to exceptional circumstances of the instant case. And that it is in
the interests of the welfare of the said children that the Respondents should be appointed guardians of the
said children.
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LIST OF WITNESSES:
1. WAGUBI EMMY
2. WAGUBI EMMA
3. Chairman LC1, BUTALEJA
5. His Lordship, Bishop of Tororo Catholic Diocese
LIST OF DOCUMENTS TO BE RELIED ON:
1. The Respondent’s entry permits
2. The Marriage Certificates of the joint Respondents
3. Translation of the Marriage Certificates
4. Passports of the joint Respondents
5. Certificates of Good Conduct of the Respondents
6. Translation of the certificates of Good Conduct
7. Certificates of Good Criminal Record from Interpol
8. Recommendation letters from Chairman LC1 BUTALEJA; Rt. Rev., Bishop of Tororo Catholic
Diocese; Social Welfare Officer.
9. Birth Certificates of the Infant
8. Probation and Welfare Report
9. Sworn Statements of the Probation and Welfare Officer, Tororo
10. Certificates of Good Health of the infants
11. Ruling and Order of the High Court in Guardianship Application
12. Letter confirming expiry of the Respondents’ contracts of service in Uganda
13. Letter from the South African Embassy
14. Any other to be tendered with leave of court.

LIST OF AUTHORITIES:
1. The Constitution of Republic of Uganda 1995.
2. The Childrens’ Act Cap 62
3. The Adoption of Childrens Rules, S.I. No. 62-1
4. Re Namukasa Annie Sanyu Small Misc. Appl No. 58 of 1998.
5. Re Margaret Laker and Another Adoption cause No. 3/1998.
6. Re Ali Issa AbdiMisc. Appli. No. 904/1997.
7. In Re Moses Kirabo Clay. Adoption Cause No. 30 of 2004.
8. In Re M (an infant Civil S.C. Appeal No. 22 of 1994.
9. Edward Byaruhanga Katumba –Vs- Daniel Kiwalabye Rusoke, Court of Appeal Civil
Appeal No. 2 of 1998.
P ETITION FOR A DOPT ION OF A CHILD B Y CIT IZENS .
IN THE CHIEF MAGISTRATES COURT OF BUIKWE
ADOPTION CAUSE NO.01 OF 2018
IN THE MATTER OF THE CHILDRENS ACT CAP 62
AND
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IN THE MATTER OF LUKA MUKASA (A CHILD) OF
BUSEMEYI VILLAGE, LIVERU IN BUIKWE DISTRICT
PETITION FOR ADOPTION OF A CHILD.

The petition of Kenneth Okot of SUI GENERIS AND CO ADVOCATES, P.O BOX 7117,
KAMPALA and Suzan Okot his spouse of the same address states as follows:
1. The petitioners are desirous of adopting the child LUKA MUKASA under the provisions of the
children’s act.
2. The petitioners are resident at Busemeyi village, Lweru sub county Buikwe District of Uganda and
are citizens of Uganda
3. The petitioner are legally married ( annexed is marriage certificate)
4. The petitioner Kenneth Okot is by occupation a career missionary and the co-petitioner Susan
Okot is by occupation a career missionary
5. The petitioner Kenneth Okot is 45 years of age (1 st Jan 1994) and the co –petitioner Susan Okot
is 40 years of age (6th June 1979). Annexed are their birth certificates)
6. The petitioners have resident with them the following persons namely, Samuel Okot (son) aged 3
years.
7. The petitioners Kenneth Okot and Susan Okot are not related to the child
8. The child, Luka Mukasa is of male sex, unmarried, a child of Mukasa Musa, whose whereabouts
are unknown and of Sarah Nankya who is deceased , a citizen of Uganda, aged 8 years, having been
born at Busemeyi village, Luweru Buikwe district now in the actual custody Kenneth Okot and
Suzan Okot of Busemyi village,luweru sub county, Buikwe district under the guardianship of
Kenneth Okot and Suzan Okot of Busemeyi village, Luweru sub county in Buikwe district
9. The petitioners Kenneth Okot and Suzan Okot annex the following consents required under the
children’s act.
a) Name of person, relationship , age of consent
10. The child, Luka Mukasa has not been the subject of an adoption order or of an application or
petition for an adoption order.
11. The petitioners have not nor has either of them received or agreed to receive and no person has
made or given or agreed to make or give to the petitioners or either of them any payment or reward
in consideration of the adoption of the child, LUKA MUKASA.
12. The child, LUKA MUKASA has been fostered by the petitioners since the 21 st June 2017, under
the supervision of ZAINA NAMATA, approbation and social welfare officer, whose report is
attached to this petition.
13. It is proposed that the costs of this petition shall be paid by the petitioners.
The petitioners pray:
a) That an order for adoption of the child LUKA MUKASA by the petitioners be made under the
children act with all necessary directions
b) That the costs of this petition be provided for as above mentioned or otherwise as the court may
direct
c) That such further or other order be made as the nature of the case may require.
Signed by
KENNETH OKOT SUZAN OKOT
PETITIONER CO-PETITIONER
Witnessed by
1. SUI GENERIS 2. ZAINA NAMATA
ADVOCATE DISTRICT PROBATION

AND SOCIAL WELFARE OFFICER BUIKWE DISTRICT.
 Application should be verified by an affidavit in support
 Attach all documents to be relied on
 Summary of evidence.
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P ETITION FOR INTERCOU NTRY ADOPTION .

IN THE HIGH COURT OF UGANDA AT MUKONO
IN THE MATTER OF THE CHILDREN ACT CAP 62 AND
BUSEMEYI VILLAGE, LWERU SUB COUNTY, BUIKWE DISTRICT.
PETITION FOR ADOPTION OF A CHILD
The petition of Kenneth Okot of SUI GENERIS AND CO ADVOCATES P.O BOX 7117,
KAMPALA, In Uganda and 40 ORR ST. ATTENBORO MB 02663, UNITED STATES OF
AMERICA and Susan Okot his spouse, of the same address states as follows.
1. The petitioners are desirous of adopting the child LUUKA MUKASA under the provisions of the
children act.
2. (a) The petitioner Kenneth Okot of Busemeyi village, Luweru sub county Buikwe District,
Uganda is a citizen of Uganda and stays at the mentioned address.
(b) The co-petitioner, Suzan Okot of Busemeyi village, Luweru sub county, Buikwe district, Uganda is a
citizen of the United States of America who first arrived in Uganda on 10th October 2010 and has stayed
at the above mentioned address.
3. The petitioner Kenneth Okot was married to the co-petitioner ,Suzan Okot on the 6th June 2015
(marriage certificate is attached to this petition as annexure A)
4. The petitioner Kenneth Okot is by occupation a career missionary and the co-petitioner Suzan
Okot is by occupation a career missionary
5. The petitioner Kenneth Okot is 45 years of age (1st Jan 1974) and the co-petitioner Suzan Okot is
40 years of age (6th June 1979). (annexed are their birth certificates)
6. The petitioner ,Kenneth Okot and the co-petitioner Suzan Okot are not, nor is either of them
related to the child
7. (a) The petitioner Kenneth Okot annexes marked “Annexure C’’ from Uganda police showing that he
does not have a criminal record and affirms he does not have a criminal record in Uganda or any other
country.
b) The co-petitioner Suzan Okot annexes a certificate marked “D” that she does not have a criminal record
from the Texas police department of the United States of America and affirms that she does not have a
criminal record in Uganda or any other country.
8. The petitioner Kenneth Okot and Suzan Okot attach a recommendation concerning their suitability to
adopt a child from (name recommended) of the probation and welfare office of Texas in USA, the country
of origin of the petitioner.
9. The petitioners have resident with them the following person, namely, Samuel Okot their son aged 4
years.
10. The child, Luuka Mukasa is of the male sex
 A child of Mukasa Musa, whose whereabouts are unknown
 And of Sarah Nankya aged 8 years having been a citizen of Uganda, aged 8 years
having been born at Busemeyi village on the 14th February 2011, resident at
Busemeyi village, Luweru sub county Buikwe district now in actual custody of
Kenneth Okot and Suzan Okot of Busemeyi village, Luweru sub county Buikwe
district under the guardianship of Kenneth Okot and Suzan Okot of Busemeyi
village, Lweru sub county in Buikwe district.
11. The petitioners Kenneth Okot and Susan Okot annex the following consents marked “C” as required
under the children act
a) Name of person relationship of date of consent
C ONSENTING CHILD
12. The child LUUKA MUKASA has not been the subject of an adoption order as of an application
or petition for an adoption order
13. The petitioners have not nor has either of them received or agreed to receive and no person has
made or given or agreed to make or give to the petitioners or either of them any payment or reward
in consideration of the adoption of the child LUKA Mukasa.
14. The child, LUUKA MUKASA has been fostered by the petitioners since the 21 st June 2017 under
the supervision of Zaina Namata, a probation and social welfare officer ,whose report is attached
and marked “E’’
15. The petitioners affirm that an adoption order made by this honorable court will be respected and
recognized by the United States of America the country of origin of the co-petitioner Suzan Okot
and produces a sworn statement annexed marked “F” to that effect.
16. It is proposed that the costs of this petition shall be paid by the petitioners, Kenneth Okot and
Suzan Okot.
The petitioners pay
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a) That an order for the adoption of the child, LUKA MUKASA by the petitioners be made under
the children act with all necessary directions
b) That the cost of this petition be provided for as above –mentioned or otherwise as the court may
directly and
c) That such further or other order who made as the nature of the case may require.
DATED this 5th day of December 2019.
Signed by
KENNETH OKOT SUSAN OKOT
PETITIONER CO-PETITIONER.
In witness of
SUI GENERIS ZAINA NAMATA
SUI GENERIS AND CO ADVOCATES DISTRICT PROBATION AND SOCIAL WELFARE

OFFOCER BUIKWE DISTRICT.ADVOCATE
 Verify with affidavit
 Summary of evidence
 Summons.
Adoption order
BUSEMEYI VILLAGE, LWERU SUB COUNTY, BUIKWE DISTRICT.
ADOPTION ORDER
On reading the petition of KENNETH OKOT AND SUZAN OKOT, and the affidavit of KENNETH OKOT
AND SUZAN OKOT and the exhibits annexed to them which included, a marriage certificate for the petitioners,
birth certificates of the petitioner, the child’s birth certificate ,certificate of good conduct from their respective
country police departments, probation and social welfare reports and on hearing ( name person heard) and the
evidence of:
a) Names and address.
And the court being satisfied that the declarations contained in the petition are true and being also satisfied with
the undertaking of Kenneth Okot and Suzan Okot as to the care and protection and other provisions to be made
for the child ,LUKA MUKASA and being further satisfied that for the benefit of the child he could be adopted by
Kenneth Okot and Suzan Okot and that all the requirements of the children act have been complied with:
It is ordered that Kenneth Okot and Suzan Okot be authorized to adopt the child.
And it is ordered that the parties to their proceedings other than Kenneth Okot and Suzan Okot recover their costs
against Kenneth Okot and Suzan Okot, the costs to be taxed by the registrar and it is ordered that Kenneth Okot
and Suzan Okot pay the amount of the costs when taxed to the registrar this court within 14 days after the date of
the certificate of taxation
And it is ordered that the parties to these proceedings other than Kenneth Okot and Suzan Okot recover their costs
against Kenneth Okot and Suzan Okot, the costs to be taxed by the registrar this court within 14 days after the date
of the certificate of taxation.
And it is directed that the registrar of births and death shall make an entry recording this adoption in the adopted
children register in the form set out in form H.
Dated this 5th day of December 2019 at Mukono.
JUDGE OF THE HIGH COURT.
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GUARDIANSHIP
A guardian in section 1 of the Children’s Act as a person vested with the parental responsibility of a child.
The fallacy with guardian ship is that the child does not take on the rights from the guardian in relation to
inheritance.
In the matter of ONEN CLIFF MILLS AND LAKER JOY ONEN, MISC APP NO.22 OF 2018,
Stephen mubiru j defined guardianship as a legal relationship between a competent adult (guardian) and
a person who because of incapacity such as minority, is incapable of taking care of his or her own affairs
(the ward).
He further defined a guardian as a person who is given the legal power to make decisions for
another person because he or she is considered not competent to decide for himself/herself.
S.1 of the children act as amended defines a guardian as a person having parental responsibility for
a child.
F UNCTIONS OF A GUARDI AN .
In the matter of ONEN CLIFF courted that the functions of a guardian are:
1. Make decisions on behalf of a ward relating to legal. Financial, shelter, education, food and health
care decisions though he or she may be required to seek court approval for various decisions
especially those regarding the investment and disposal of the property of the ward.
2. Guardian acts as legal parent of the ward for the entirety of the guardianship. Although the
guardian has the same responsibilities to care for the child as a parent would a guardianship does
not sever the legal relationship that exists between a child and his or her biological parents. Instead,
it co-exists with that legal relationship.
Duties of guardian.
1. Utmost good faith (men case)
2. Avoid conflict of interest
3. Duty to act in the best interest of the child. (onen case)
T YPES OF GUARDIANSH IP
1. Legal guardianship
 S.73 of the children act.

 This Part applies to the guardianship of children in Uganda by citizens of

Uganda.(2)A person who is not a citizen of Uganda shall not be eligible to apply
for legal guardianship
2. Customary guardianship.
 S.75 of the children act
states that family members may appoint a guardian of a child in accordance with their customs, culture or
tradition where both parents of the child are deceased or cannot be found , the surviving parent is
incapacitated or the child has no guardian or any other person having parental responsibility for him or
her.
The person as per S.75 (2) acts as a trustee in respect of the property of the child.
3. Testamentary guardian.
Section 43 of the succession act; This is a guardian appointed in the last will of the deceased. Such a person
is recognized under common law as a testamentary guardian.
4. Guardian by agreement.
A parent of a child may pursuant to S.76 (1) of CHILDREN’S ACT CAP 62,A by agreement/deed
appoint any person to be a guardian.
The appointment is only effective under S.76(2) if the agreement/deed is dated and signed by the
parent in the presence of two witnesses one of whom must be a probation and social welfare officer and
other must be a local councilor at LC 1 level.
5. Joint guardianship
Section 77 (1) OF THE CHILDREN’S ACT CAP 62, the court may appoint 2 or more persons to act as
joint guardians of a child.
H OW TO APPLY FOR LEGA L GUARD IANSHI P

Forum
Pursuant to S.74(B) of CA, an application for legal; guardianship is made to the high court.
W HO CAN APPLY FOR LEG AL GUARDIANS HIP

1) Applicant must be a citizen of Uganda. S.74
2) Must be above the age of 18 years.
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Considerations for grant of legal guardianship
There are pursuant to S.78 (1) and they are:
a) There is no known relative or Next of kin of the child.
b) The relatives or next of kin are unwilling or unable to take parental responsibility of the child
c) All alternative care options available to the child have been exhausted
d) The child is suffering or likely to suffer significant harm under present custody.
e) Wishes of the child having regard to their age.
f) Consent of the child to the guardianship where the child is 12 years and above
g) Applicant has continuously lived in Uganda for at least 3 months. (S.78 (2)(a))
h) Applicant has no criminal record (S.78(2)(B))
i) A recommendation concerning his or her ability as a guardian from a probation and social welfare
officer or other competent authority in Uganda or applicants county of residence (S.78 (2) (c).
Procedure.
The petition is pursuant to S.74(C) of CA By petition in Form 1 set out in the 3 rd schedule and
subject to S.74(d) be accompanied by a report of the probation and social welfare officer
An affidavit verifying the petition must deponed
Where you want to sell the property of a minor.
 Petition for legal guardianship
 Extract an order
 Write a formal letter to the registrar of title at ministerial zonal office were land is located
requesting it to be registered in guardians names
 You can transact in the property in guardians names
 You can transact in the property for the best interest of the child once registered.
It must be noted that the responsibility covers the follwing:
Parental responsibilities
Parental appointments
Cultural Obligations.
In relation to capacity to apply to be a guardian,

It must be noted that there is no clear cut legal provision on this. To this end therefore, on the strength of
the case of; In The Matter of Ayla Mayanja; Misc. Applic 20 of 2003 the following person can apply
to be guardians:
Biological parents;
Any relative;
Any person not related to the child;
Any person above 18 years of age; of sound mind.
It must be noted that court follows the welfare principles before one is appointed as guardian to the child.
PROCEDURE FOR APPLYING FOR GUARDIANSHIP

Application is by notice of motion supported by an affidavit. This is because there is no clear cut
procedure and therefore, we are enjoined to use the default mode of application under Order 51 of the
CPR SI 71-1. this is fortified by the case of Re Kangame Teres (An Infant) (1996) HCB 69 where
court held that the procedure in applying for a guardianship order is by notice of motion supported by an
affidavit.
D OCUMENTS :
Notice of Motion supported by an affidavit:
Summary of evidence;
List of Authorities;
List of Documents;
List of witnesses;
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Documents For Guardianship
MISCELLANEOUS APPLICATION NO. ……..OF 2005
IN THE MATTER OF NAMULI IRENE
AND
IN THE MATTER OF AN APPLICATION FOR GUARDIANSHIP
BY DR. BOB DOYA
NOTICE OF MOTION
(Under Articles 139 (I) and 34 (I) and (2) of the 1995, Sections 14, 33 and 39 of the Judicature
Act, Cap 16, Section 98 of the CPA Cap 282, Sec 3,4, 5, and 6 of the Children Act Cap 62, and
0.51 r.r. 1,2 and 3 of the
CPR S.1 282-1).
TAKE NOTICE that this Honourable Court will be moved on the ………day of ………………2006 at
………………O’clock in the forenoon or so soon thereafter as Counsel for the Applicants can be heard in an
application for orders:
1. THAT the Applicant be appointed guardian of the infant, Namuli Irene
2. THAT the Applicant be granted custody of the said infants.
3. THAT costs of this application be provided for.
TAKE FURTHER NOTICE that this application is premised on the following grounds:-
1. THAT the infant’ parents are unknown and the said infant is in dire need of care and protection.
2. THAT the welfare of the said infant will be better served if the infant is placed under the
guardianship and custody of the Applicant.
3. THAT applicant is a suitable persons and has the means to cater for the infant.
4. THAT it is in the best interests of the infant that the Application be granted.
TAKE FURTHER NOTICE that further and other grounds of the Application are contained in the
affidavit of DR. BOB DOYA dated the ………… day of …………….2005 and filed herein which shall be read
and relied upon at the hearing of this Application.
DATED at KAMPALA this……..day of……………….2005.
…………………………………………….…..
FOR: SUI GENERISAND CO. ADVOCATES
COUNSEL FOR THE APPLICANTS
GIVEN UNDER my Hand and the Seal of the Court this…………day of……………….2005.
………………………….
DEPUTY REGISTRAR
(FAMILY)
DRAWN & FILED BY:
SUI GENERISAND CO. ADVOCATES,
P.O.BOX 7117, KAMPALA.
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IN THE MATTER OF NAMULI IRENE – INFANT
AND
BY DR. BOB DOYA
AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION:
I, DR. BOB DOYAof St. Francis BUTALEJA Hospital P.O. Box 22004, BUTALEJA, do hereby swear
and sincerely state as hereunder:-
1. THAT I am an adult female Italian citizen of sound mind and the 2nd Applicant herein and swear
this affidavit as such.
2. THAT the plight of the infant, Namuli Irene was drawn to our attention when I visited
BUKOTO Babies Home in September 2003 whereat I were informed by a social worker volunteer
at BUKOTO Babies Home which I verily believed to be true that the said infant was abandoned
children with unknown parents. (See a copy of Sworn Statements of Ntege James, Probation &
Social Welfare Officer, Mukono, attached hereto and marked as Annexture“C1”).
3. THAT I was further informed by the authorities of BUKOTO Babies Home which we verily
believed to be true that the said infant was in dire need of care and protection.
4. THAT after thorough discussions and mutual consultations, I applied and was granted Fostership
of the said infant by the Family and Children Court of BUTALEJA and have fostered the said
infant since 29th day of December 2003. (See copies of the orders attached hereto and marked
as Annextures “D1”,and “D2”,respectively).
5. THAT after thorough discussions and mutual consultations, I have decided to apply for
guardianship of the said infants.
6. THAT I am better placed to cater for the welfare of the said Namuli Irene, aged 4 years
respectively while under my guardianship and physical custody (See Birth Certificates of the said
infant marked as Annextures“D3”
7. THAT the Applicant is desirous of taking the said infant with him to Kenya upon the expiry of
his respective contracts.
8. THAT I have clearance from the Kenya High Commission and Certificate of Good Conduct
from the Kenyan Director of Public Prosecutor shows that the orders of the High Court of
Uganda would be recognized by the Kenyan Juvenile Court and my suitability to adopt the infant.
(See copies of the Certificates of good conduct and their translations attached as
Annextures“E1”, “E2”, “E3”, and “E4” and a letter from the Kenyan High Commission, attached
hereto and marked as Annexture“F1”).
9. THAT the 1st Applicant and I do not have a criminal record In Uganda or any other country. (See
Clearance Certificate from Interpol for both Applicants, marked as Annextures“G1” and “G2”
respectively).
10. THAT the child welfare and adoption society do not object and have thus recommended our
guardianship of the infant, Namuli Irene (See recommendation from child welfare and adoption
society annexed hereto and marked as Annexture“H”).
11. THAT the said Namuli Irene, is of good health and have not been subject of guardianship order
before. (See copies of certificates of good health annexed hereto and marked as Annextures“H1”
and “H2” respectively).
12. THAT I have neither received nor agreed to receive and no person has made or given or agreed to
make or give me any payment or reward in consideration of the guardianship of the child, Namuli
Irene.
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13. THAT the welfare and interests of the infant will be better served when I am granted the order of
guardianship and physical custody of the said infant. (See Welfare Guardianship Report and
recommendations annexed hereto and marked as Annextures“I1”, “I2”, “I3”, “I4”, and “I5”
respectively).
14. THAT I depone this affidavit in support of my application to this Honourable Court for Order
of Guardianship.
15. THAT whatever I have stated in paragraphs 1, 2, 3, 4, 5, 8, 9, 10, 11,12, 13, 14, and 15 are
correct and true to the best of my knowledge and belief and whatever I have stated in paragraphs
6 and 7 is true and correct according to my information from the sources disclosed therein.
SWORN at Kampala by me the said }
DR. BOB DOYA }
this……day of………………….2005. }
_______________
DEPONENT
BEFORE ME:-
……………..……..……………….
A COMMISSIONER FOR OATHS
DRAWN & FILED BY:
SUI GENERIS and co. Advocates
P.O.BOX 7117
Kampala
P ETITION F OR G UARD IANSHI P
IN THE MATTER OF KAKURU LUCAS AND KATO DEO
(CHILDREN) OF KAUGA VILLAGE, MUKONO DISTRICT.
PETITION FOR GUARDIANSHIP.

The petition of NATURINDA DORCUS OF SUI GENERIS AND CO ADVOCATES, P.O BOX
7117, and KAMPALA AND NEISER STREET 20 JEVER GERMANY states as follows:
1. The petitioner is desirous of obtaining legal guardianship of the children, Kakuru Kucas and Kato Deo
under the provisions of the children act
2. The petitioner Natukunda Dorcus of kauga village, Mukono district is a citizen of Uganda and stays in
Uganda at kauga village, Mukono district
3. The petitioner is unmarried
4. The petitioner Naturinda Dorcus is by occupation a coffee exporter
5. The petitioner is 45 years of age (6th June 1974). Attached and marked annexure “A” is my birth
certificate
6. The petitioner Naturinda dorcus is related to the children kakuru Lucas and Kato Deo being their
paternal aunt.
7. The petitioner Naturinda Dorcus annexes a certificate marked “B” that she does not have a criminal
record and affirms that she does not have a criminal record in Uganda or any other country.
8. The petitioner Naturinda Dorcus attached a recommendation concerning her suitability to be a

huardian to the children from Zaina Namata, the probation and social welfare officer of Mukono
9. The petitioner has no other person resident with her except the children.
10. The children Kakuru Lucas and Kato Deo are:
a) Of the male sex

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b) Unmarried
c) Children of Jackson Twesigye whose whereabouts are unknown and of Jovita Ankunda
of Naguru, Nakawa division, Kampala.
d) They are citizens of Uganda
e) One year of age having been born at Mukono the 2nd December 2018
f) Resident at kauga,mukono district
g) Now in the actual custody of the petitioner, Naturinda Dorcus and under her
guardianship
11. The children have not been the subject of a guardianship order or of an application or petition for a
guardianship order.
12. The petitioner has not received or agreed to receive and no person has made or given any payment or
reward in consideration of the child.
13. The petitioner undertakes that:
a) She shall care for kakuru Lucas and Kato Deo as though they were my own children
b) She will bring them up in accordance with the Anglican religion
c) She will look after their health and allow them to be medically examined as required by the district
probation and social welfare office
d) She shall allow an officer of the district probation and social welfare office or representative of the
ministry to visit my home and to see the child at any time.
e) She shall inform the district probation and social welfare office immediately if the child is ill or is
missing or is involved in an accident or in any kind of trouble.
f) She shall inform the district and social welfare office immediately if she plans to change residence
and address.
g) She understands that an officer of the district probation and social welfare has the right to remove
the child from our home in certain circumstances.
14. The petitioner affirms that this guardianship order made by this honorable court will be respected
and recognized by Germany the petitioners other country of residence.
15. It is proposed that the costs of the petition shall be paid by the petitioner Naturinda Dorcus.
The petitioner prays
a) That an order for guardianship the children Kakuru Lucas and Kato Deo, by the petitioner be
made under the children act will all necessary directions.
b) That the petitioner ............................is authorized to SELL the land described as

......................and registered in the name ,,,,,,,,,,,,,,,,,,,,,,,,,,
c) That the cost of this petition be provided for as above mentioned or otherwise as the court
may direct and
d) That such further or other order be made as the nature of the case may be
Dated this 5th day of December 2019.
Signed by
NATURINDA DORCUS
PETITIONER
IN THE WITNESS OF:
SUI GENERIS
SUI GENERIS AND CO ADVOCTAES
ADVOCATE.
 Verify with an affidavit in support
 Summary of evidence
 Summons
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IN THE MATTER OF NAMULI IRENE– INFANT
AND
BY DR. BOB DOYA
SUMMARY OF EVIDENCE:
The Applicant a Kenyan doctor at Butaleja Hospital in Uganda. The applicant is seeking legal
guardianship and custody of the foundling, namely NamuliIrene, currently in her fostership. The
applicant is well suited to cater for the foundlings’ welfare. The Applicant’s home country will respect the
orders of this Honourable Court.
LIST OF WITNESSES:
1. Dr. Bob Doya
2. Officers from Butaleja Hopital, Kampala
3. Any other with leave of court.
LIST OF DOCUMENTS TO BE RELIED ON:
1. Passports of the Applicant.
2. The Marriage Certificate of the joint Applicant.
3. Certificates of Good Conduct of the Applicants.
4. Translation of the Certificates of Good Conduct.
5. Letter from the Kenyan High Commission.
6. Recommendation letter from Child Welfare and Adoption Society.
7. Certificates of Good Health of the infants.
8. Birth Certificates of the infants.

9. Recommendation from LC1 Chairman, Butaleja Professionals.
10. Probation and Welfare Report.
11. Certificates of Good Conduct from Interpol.
12. Fostership documents.
13. Fostership Order.
LIST OF AUTHORITIES:
1. The Constitution of the Republic of Uganda, 1995.
2. The Judicature Act Cap 16.
3. The Children Act Cap 62.
4. The Civil Procedure Act Cap 282.
5. The Civil Procedure Rules S.1 282-1
6. In Re Jane Namukasa - an infant H.C Misc. Applic. No. 78 of 1991.
7. In Re Okot Lawrence Ikeda and Beatrice Ikeda – Both infants H.C Misc. cause. No. 229 of 1993.
8. In Re Prossy Nalugwa – an infant H.C Misc. Applic. No. 500 of 1997.
9. In Re Sarah Namakula Misc. Applic. No. 91 of 1993.
10. In Re Erisa Lukwago Junior C.V FC 1 of 2003.
11. Any other with leave of court.
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Guardianship order extracted.
AND
IN THE MATTER OF A PETITION FOR LEGAL
GUARDIANSHIP OF KAKURU LUCAS AND KATO DEO
(CHILDREN) BY DORCUS NATURINDA
ORDER
This petition coming up for final disposal before Justice SUI GENERIS , in the presence of Dorcus
Naturinda, the petitioner, Kakuru Lucus and Kato Deo (children) and Joel Lumala, counsel for the
petitioner.
IT IS HEREBY ORDERED THAT:
DORCUS NATURINDA is hereby appointed the LEGAL GUARDIAN OF KAKURU LUCAS

AND KATO DEO (CHILDREN).
GIVEN under my hand and the seal of this Honorable court this 5th day of December 2019
REGISTRAR
Extracted by

Guardianship order extracted where the guardian seeks to transfer property registered in
minor’s names.
AND
IN THE MATTER OF A PETITION FOR LEGAL
GUARDIANSHIP OF TOFA RUKUNDO (A CHILD)
BY BETH BEKUNDA
ORDER
This mother coming up for final disposal before justice SUI GENERIS on this 5th day of December 2019
in the presence of both Bukunda , the petitioner, TOFA RUKUNDO (A CHILD) AND Lumala Joel,
counsel for the petitioner.
IT IS HEREBY ORDERED THAT:
1. Beth Bekunda is hereby appointed LEGAL GUARDIAN of Tofa Rukundo (Aged 7)
2. Beth Bekunda is authorized to sell land described as .......................and registered in the name of Tofa
Rukundo (a child)
3. Beth Bekunda shall apply the proceeds of the sale of the said land for the welfare of Tofa Rukundo (a
child)
4. This order shall be registered with URSB and the ministry of Gender, Labor and social develot.
GIVEN UNDER my hand and seal of this honorable court this 5th day of December 2019.
REGISTRAR
Extracted by:
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CHECKLIST
MATTERS TO CONSIDER BEFORE GRANTING CUSTODY OF CHILDREN

GENERALLY
The law applicable to this area of study includes the following;
1. Whether X can be granted custody of the children?
DISCUSSION
Custody of children is vested in the parents of a child. Court follows section 4 of the Children’s Act in
granting of custody. Thus court follows the welfare principle. This is fortified by Nakagwa vs Kigundu
[1978] HCB 310. In Esther Najjuma Misc. Applic 21/2003, court held thatin looking at the welfare
principle, court should put into consideration, the likely effects of any changes in the child’s
circumstances.
Court held further in Kayonga vs Sekiziyivu [1978] HCB 240 that where the children are of tender
years, custody goes to the mother. In addition, court held in Hoffman vs Hoffman (1970) EA 100 that
a father’s superior position is irrelevant in matters of custody. In Nyakairu vs Nyakairu[1979] HCB
261; it was stated among other things that a mother is a fit and proper person to have custody of the
children unless it is shown that she is not a fit and proper person.
Forum,
The forum is the Family and Children’s Court. This is because it is empowered to handle all matters
affecting children.
Procedure
The procedure is as follows;
The application is by way of petition to the Family and Children’s Court in Form 1 to the Rules;
supported by an affidavit
This petition is served on the Respondent who is expected to reply to the averments in the petition.
Documents
Petition in Form 1 to the Rules
Affidavit
It must be noted that in this petition, one can include additional prayers like supervisory orders, care orders
and maintenance order.
Secondly, if one has custody, then there is no need to apply for a custody order. One may however apply
for a maintenance order.
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MAINTENANCE OF CHILDREN
The law applicable to this area of study includes the following;
1. The Constitution of the Republic of Uganda 1995 AS AMMENDED
3. Whether X can be granted maintenance of the children?
DISCUSSION.
Maintenance of children is premised on article 31(4) which imposes a responsibility on the parents to care
for their children. This is fortified by the case of Mayambala vs MayambalaHCCA 3 of 1998
The procedure for application for maintenance is by application by a person with custody of the children.
This is premised on rule 19 of the Family and Children’s Court Rules.
The Application takes the format of Form 2 to the Rules, and is supported by an affidavit.
PROOFING OF PATERNITY & DECLARATION OF PARENTAGE

The law applicable includes the following:
1. Whether X has capacity to apply for a declaration of parentage?
2. what are the consequences of parentage
Declaration of parentage is provided for in section 110 of the Children Act Cap 62. According to this
section, for one to have capacity to make this application, the following should be proved:
1. One must be the mother or the father of the child in question
2. It should be before the child attains 18 years of age
3. Thirdly, it should be within three years after death of parent
4. The declaration can also be sought during pregnancy.
The consequences of declaration of parentage are clear in the act; thus; it establishes a blood relationship
between the father or mother and the child.
Secondly it does not however confer custody on the person declared as a parent.
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Mpirirwe Vs Ninsabimana (1994) 4 ALR 88 enunciates some principles towards the jurisprudence of
declaration of parentage, thus; court looks at closeness and resemblance, prior consistent statements and
acts, and parents names on the birth certificates.
Court noted further in Mwambo vs Wandoa (1965) EA 243 that Loose morals are not a defence, and
that evidence should be corroborative in effect that it shows the man to be the father of the child. Court
held further in Moore vs Hewitt (1947) KB 831 that if there is proof of association of person with the
applicant, this can be good corroborative evidence.
In Simpson vs Colon (1964) 1 All ER 262 court held that the question of resemblance is a guiding
factor. In CT vs MV (1969) EA 375, court held that where a father admitted having sexual intercourse
with the applicant within 4 months; the admission and the time span showed that the father was the parent
of the child.
The procedure for declaration of parentage is as follows:
One fills out a complaint on oath form and submits it to the Chief Magistrate who will issue summons to
person alleged to be mother or father of the child.
The forum:
This is the Family and Children’s Court AS per section 30 of the children’s act cap 62
The Document(s)
Form 2 in the schedule to the Rules

Form 2: For Declaration Of Parentage
IN THE FAMILY AND CHILDREN’S COURT
IN THE MATTER OF …………………………………..
AND
IN THE MATTER OF AN APPLICATION FOR A
DECLARATION OF PARENTAGE
COMPLAINT ON OATH
I ………………………………. BEING THE ……………. Of the child do hereby apply for a declaration of
parentage against …………………………………….. being the ……………………… of the child on the following
grounds:
……………………………………………………………………………………
……………………………………………………………………………………
……………………………………………………………………………………
sworn at …………… this ….................. day of ………………………. 2006
Complainant ………………………………………
Before me ………………………………………..
Commissioner for oaths
Drawn and filed by:
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Institutions charged with the responsibility of upholding the welfare of children.
a) Local council authorities.
Section 36(1) of the children’s act cap 62,local council’s from village to district level shall safe guard and
promote welfare of the children within its area and a person designated to be responsible for children
affairs.
Section 37 C.A cap 62 , creates a duty for any member of the community who has evidence of violation
of children rights to report to local government council of the area. The secretary for children affairs upon
receiving the report shall summon the person against whom the report is made to discuss the matter.
ROLE OF LOCAL COUNCILS
 Safe guard and promote welfare of children
 Investigate affairs of rights violation
 Counsel children in conflict with the law
 Coordinate with the probation officer at the district level.
b) Probation and social welfare officer
This is the officer at the district level who is in charge of the child welfare in his district
Section 140 of the children’s act cap 62 , the probation and social welfare officer has power to investigate
cases where children are suffering or likely to suffer significant harm in the district
He has power to apply for various orders from the family and children court.
Section 42 of the children act, he /she has power to apply for an order to have the child be medically
examined.
c) Family and children’s court
Section 138 and 140 of the children’s act, the court is presided over by a magistrate not below the grade of
magistrate grade 2 and it can hear criminal charges against children and also applications regarding child
acre and protection.
SUCCESSION
This is governed by ;
Succession Act Cap 268
Administration of Estates (Small Estates) (Special Provisions) Act Cap 263
Administrator General’s Act Cap 264
Admin. of Estates (Persons of unsound mind) (Procedure) Rules SI 155-1
The Admin. of Estates (Small Estates) (Special Provisions) Rules SI 156-1
The Administrator General’s (Fees) Rules SI 264-1
The Evidence Act Cap 8
Succession is divided into either testate or intestate succession.
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TOPIC SIX
TESTATE SUCCESSION
Testacy is where a person dies when he has disposed of his property by a valid testamentary disposition
commonly referred to as a will.
Black’s law dictionary 8th edition defines testacy to mean a state or condition of leaving a will at ones death
as opposed to the intestacy.
S.2 of the succession act cap 268, immovable property includes land, incorporeal tenements and things
attached to the earth or permanently fastened to things attached to the earth.s.2 of the succession act cap
268, defines movable property to mean property of every description except immovable property.
In JAMES KATENDE AND 2 OTHERS V DAN BYABAKAMA ADMINISTRATION CAUSE

NO.2/1992, court held that a testator should dispose of property or interest belonging to him/her at the
time of his or her death; this means that any disposition by the testator of the property in which he has no
interest at the time of death must fail.
Section 29(1) of the Succession Act Cap 268 provides that every person of sound mind and not a minor
may by will dispose of his property. A will is defined as a testamentary disposition of one’s property. This
is fortified by Hajji Sulaiti Vs Hajjatti Sanyu9 by Byamugisha J.
A codicil on the other hand is defined in section 2 of the Succession Act as an instrument explaining ,
altering or adding to a will and which is considered as being part of the will. A form of the will is provided
for in the 4th schedule to the Act.
Section 47 of the succession act cap 268, requirements for unprivileged wills include;
a) The testator must sign/affix his/her mark to the will or it shall be signed by some other person in
his/her presence and by his/her direction
b) Intention through signing/affixing marl
9
HCCS 718 of 1995
c) A minimum of 2 witness who shall sign in the presence of the testator.
CHARACTERISTCIS OF A WILL
a) Ambulatory (takes effect on death of testator)
b) Usually in the prescribed form
c) Revocable at any time
d) Scope of will not confined to dispositions of property
Capacity to make a will
Capacity to make a will is enunciated in Bank Vs Goodfellow10 where court held that one should
understand the effect of a will and not simply the fact that one can make a will.
It must be noted further by virtue of section 36 of the succession Act cap 268that a will or any part of a
will, the making of which has been caused by fraud or coercion, by importunity as takes away the free
agency of the testator is void.
Principles for interpretation of wills were laid out in Rashida Begum vs Administrator General and
Karram Din11 thus;
1. The intention of the testator should be collected from a consideration of the whole will. This is
further fortified by Halsbury’s Laws of England Vol 34 para 240.
2. Words are given the meaning which is rendered necessary in the circumstances, in the first place
without reference to or regard to the consequences of any rule of law or construction.
3. Court may then make reasonable inference from a particular passage; comparing the inference
with what is apparent in the other parts of the will. This power of inference is however limited.
4. court also takes into consideration surrounding circumstances, especially where the circumstances
deprive the words of reasonable application
10
(1870) 5 QB 579
11
(1951) EACA 102
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The Property so disposed of by will
Another cardinal rule to not about wills is enunciated in James Katende and 2 others vs Dan
Byabakama12 where Kireju J held that the testator should dispose of property or any interest belonging
to the testator at the time of his or her death. This therefore means that any disposition by the testator of
property in which he has no interest at the time of his death must fail. This should be read in conjuction
with section 139 of the Succession Act.
B ENEFICIAR IES UNDER A WILL

a) Children
Children of a testator are entitled to benefit from under a will. Court held in Kajubi vs Kabali (1944)
EACA 341 that children include both legitimate and illegitimate children and so all children of a testator
can benefit under the will.
b) Spouses
Spouses are entitled to benefit from under the will provided they were not separated from the testator at
the time of making the will. This is fortified under section 30(1) of the Succession Act cap 268. A case to
illustrate this is Mboijana and Mboigana HCCS 879 of 1990 and Rwabaganda vs
Bahemurwabusha13. It must be noted that having children with a woman does not entitle her to benefit
from under the will. This was the principle in Male vs Namanda14
c) Dependants
Section 30 of the act provides that every person shall by his will dispose of property making reasonable
provision for the maintenance of his or her dependent relatives. This section is however qualified by
section 33 (2) which provides that provision for maintenance shall be made by an order under section 33
(2); where the deceased’s estate produces income; by way of periodic payments.
It must be noted that by virtue of section 31(2) (a)(i) of the succession act cap 268, that if the defendant
relative is a wife or husband, the order shall terminate on his or her remarriage.
Section 31(2)(a)(ii) of the succession act cap 268 provides that, If the dependent relative is a daughter who
is unmarried or cannot maintain herself by reason of some mental or physical disability; the order
terminates on her remarriage or cessation of disability; Section 31(2)(a)(iii) succession act cap 268,
provides that, If the defendant relative is an infant son or son who is incapable of maintaining himself by
12
HCCJ Vol 2 Pg 127
13
(1978) HCB 244
14
[1982] HCB 140.
reason of some mental or physical disability; the order terminates on attaining majority age or cessation of
disability; whichever is later.
Section 31(2)(b) S.A CAP 268, provides that, in case the deceased estate does not produce any income or
sufficient income; the applicant shall be authorised to receive a share as he would be entitled if the testator
had died intestate. The mode of division would be subject to section 23 of the Succession Act.
It must be noted further that for court to entertain this application, it must be made within 6 months
from the date of representation in regard to the estate of the deceased. If it is after six months, one must
seek leave of court to bring the application. This is premised on section 32(1) of the Succession Act CAP
268. It must be noted however, without prejudice to the foregoing that there is a reservation to the general
rule which is to the effect that where letters of administration are revoked and probate is granted; the time
begins to run from the date of grant of probate.
The persons and properties named in the will must be named in a will and they should be described
definitely and in relation to the testator. Section 61 of the succession act provides that the wording of the
will shall not necessarily have any technical terms but the wording should be such that the intentions of
the wording of the testator can be known from the wording. Section 64 OF THE SUCCESSION ACT
CAP 268, provides that where the words of the will are unambiguous, but it is found by extrinsic evidence
finds they admit of applications are only of which could have been intended, the extrinsic evidence may
be taken to show which of these applications was intended.
It must be noted however that where there is an ambiguity or deficiency on the face of the will; no extrinsic
evidence as to the intentions of the testator shall be admitted; 15 and the testator’s intentions must be
effected as far as possible. The society practice is to make wills in triplicate or quadruplicate; they are
usually kept with banks, lawyers, firms or close friends. Court held in Administrator General Vs Teddy
Bukirwa16 that once a will is kept poorly and is suspect of having been subject to alteration; the same may
be excluded from the Estate in event of dispute.
REVOCATION OF WILLS
A will may be revoked by its maker at any time when he or she is competent to dispose of his or her
property by will. The cardinal rule is evident in Nsubuga and others vs Nsubuga and others HCCS
15
Section 65 of the Succession Act.
16
(1992-93) HCB at pg 192
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1081 of 1988 where Tsekoko J (as he then was) held that although the testator in the instant case used to
be confused; he was never mad and was completely in his right mind and the signature therein was that of
the testator and as a consequence; the will was valid. Section 53(1) of the Succession Act CAP 268; which
provides that every will is revoked by the marriage of the maker; except if it is a will made in exercise of an
appointment; whereby the property over which the power of appointment is exercised would not; in
default of the appointment pass to his or her executor or administrator or to the person entitled. This
principle is followed Farasia Rwabaganda Vs Donasio Bahemurwabusha (1978) HCB 244.
Section 56 of the Succession Act CAP 268, provides that a will can be revoked by burning tearing or
otherwise destroying of the will or codicil by the testator or by some person in his or her presence and by
his or her direction, with the intention of revoking it. This is fortified by Administrator General Vs
Norah Nakiyaga and others AC 554 of 1990. It must be noted further that a will is invalid for non
attestation as per the requirements of section 50(1)(c) of the Succession Act.
A principle which should not go unnoticed; is evident in Administrator General Vs Teddy Bukirwa
and another (199-93) HCB 192 where Court held that if circumstances under which a will is alleged to
have been made, attested and kept are shrouded in mystery and court can not establish whether the will is
made by the testator, this leads to exclusion of that will from the estate of deceased
Executors are usually named in a will to take care and manage the estate of the deceased. The procedure
to management of the estate is as follows:
1. Report the death of the deceased testator with full particulars as rto the properties, as far as
ascertainable to the Administrator General. This is done pursuant to section 4 of the
Administrator General’s Act CAP 264.
2. Petition the High Court for Probate in English with the will annexed and stating the time of the
testator’s death, that the writing annexed is the testator’s last will and testament and that it was
duly executed, the amount of assets likely to come to the petitioner’s hands and that the petitioner
is the named executor in the will. This is done pursuant to section 244 of the succession Act. An
affidavit in support of the petition has to be made.
3. When it is filed in court, it is advertised in the Uganda gazette and a newspaper in circulation for
a period of seven days, under section 262 of the succession Act.
4. Where no caveat is lodged under section 252 Of the Succession Act cap 268, the court will grant
probate to the executors.
Factors that invalidate a will
a) Insanity
BATTAN SINGH V ARMICHAND (1948) AC 161, it was held that the testator was so feebled
by disease that his sound mind and memory was affected and the will was set aside. He left the property
to starngers on the assumption that he has no relatives.
b) Undue influence
WINGROVE V WINGROVE (1885) 11 PD 81, to establish undue influence sufficient to invalidate a

will it must be proved that the will of the testator was coerced into doing that which he did not desire to
do.
c) Mistake/misrepresentation
d) Subsequent marriage
SAFE CUSTODY FOR WILLS.
1. Bank
2. Members of the clergy
3. Lawyers
4. Family members
5. Trusted friends
6. Local leaders
7. Executor
8. Offices of the chief registrar and deputy chief registrar.
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TOPIC SEVEN
INTESTATE SUCCESSION
A person dies intestate in respect of all property which has not been disposed by him through a valid
testamentary disposition, as enunciated under section 20 of the Succession Act cap 268.
It must be noted that all property in an intestate's Estate is managed and held in trust by the personal
representatives (persons appointed by law to administer the Estate of a deceased) of the deceased for those
persons entitled to it (beneficiaries) as provided for under section 21 of the succession act cap 268.
Entitlement to intestate's property is governed by sections S.23 to 43 of the Succession. Spouses are
entitled to benefit from under the will provided they were not separated from the testator at the time of
making the will. This is fortified under section 30(1) of the Succession Act. A case to illustrate this is
Mboijana and Mboigana HCCS 879 of 1990 and Rwabaganda vs Bahemurwabusha (1978) HCB
244.
The issues which arise for resolution under this sud topic include the following:
Who can apply for letters of administration?
What additional information is needed to effect the above?
What formalities should be followed in obtaining letters of administration?
The major documents include
Report of Death to the Administrator General
Certificate of No objection (Granted by the Administrator General’s Office) Petition for letters of
Administration supported by an affidavit
Who may apply;

Court held in Ndugwa vs Nansikobi17 that in applying for letters of administration, factors such as
consanguinity, nature of interest, safety of the estate and probability of proper administration are taken
into consideration.
Court held in Kemutongo vs Katuramu18that the widow, or a surviving spouse is the most appropriate
person to apply for letters of administration. This is the same principle in Re Kibiego (1972) EA
It must be noted that proof of a valid marriage must be adduced for purposes of granting a widow letter
of administration. This is fortified by Erinesto Babumba vs Nakase CS 173 of 1985. therefore if there
is a customary marriage whereby the bride price was not completed, then such an individual would not
benefit from under the estate.
D E VOLUTION OF THE R ESIDENTIAL HO LDINGS

This is covered under section 22 of the succession Act cap 268 which provides that the residential holding
occupied by a person dying intestate as his or her principle residence shall be held by his personal
representative upon trust for his or her legal heir subject to the rights and terms set out in the second
schedule to the Act.
The Procedure for application for grant of letters of

Administration
1. Report the death of the deceased with full particulars as to the properties, as far as ascertainable to
the Administrator General. This is done pursuant to section 4 of the Administrator General’s Act.
2. Apply to the Administrator General for a Certificate of no objection, showing that the
Administrator General, the rest of the family and defendants do not object to grant of letters of
administration to you
3. Petition the High Court for letters of administration in English, and stating the time of the testator’s
death, the family or other relatives of the deceased and their respective residences, the right in which
the petitioner claims, that the deceased left some property within the jurisdiction of the court to
17
(1980) HCB 79
18
(1992-1993) HCB 155
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which the application is made and the amount of assets likely to come to the petitioner’s hands.
This is done pursuant to section 246 of the succession Act. An affidavit in support of the petition
has to be made.
4. When it is filed in court, it is advertised in the Uganda gazette and a newspaper in circulation for a
period of fourteen days, under section 259 of the succession Act.
5. Where no caveat is lodged under section 253 and 254 of the Succession Act, the court will grant
letters of administration to the petitioner(s).
The petitions for both letters of Administration & Probate must be signed by the petitioner and his
advocates under section 243 of the Succession Act cap 268 and has to be verified by the Petitioner.
IN THE MATTER OF OKEE JOSEPH AND OBWONYO OKENY (ADMINISTRATORS OF

ESTATE) AND THE MATTER OF AN APPLICATION FOR A FRESH GRANT OF LETTERS
OF ADMINISTARTION IN THE NAMES OF OKEE JOSEPH AND OBWONYO OKENY (SONS)
MISC APPLICATION NO.029 OF 2022 (ARISING FROM ADMIN. CAUSE NO.071 OF 2010),
the death of one of the administrators renders the previous grant of letters of administration inoperative,
leading to the need for a fresh grant by court.
In this court ruling on 11th April 2024 by Hon. Justice George Okello, a request to revoke Letters of
Administration granted to Okee Joseph and Omona Constantino was considered. Omona Constantino's
death left Okee Joseph as the sole administrator. The original grant, issued by Hon. Justice Masalu
Musene on 16th March 2011, became ineffective under S.234(1)(2)(d) of the Succession Act due to
Omona Constantino's passing on 21st August 2011. Consequently, the court revoked the grant and
appointed Okee Joseph and Obwonyo Okeny as administrators of the late Okeny Adimiriki's estate for
two years from the ruling date, per Section 234(5) of the Succession Act. They are required to submit an
inventory by 11th April 2025 and a final account by 11th April 2026, with the Letters of Administration
expiring on 11th April 2026. The ruling was read in open court with the applicant absent, and no advocate
present, Mr. Ochan Stephen served as the court clerk.
Wamboya Zakaria, Wamboya Usama, and Wasagali Shukurat versus Wamboya Hassan, Misc.
Application No. 227 of 2023, arising from Mbale Probate Cause No. 066 of 2023, The court emphasized
that initiating multiple, redundant applications over the same estate, particularly when there are
unresolved proceedings pending, is improper and clogs the judicial system. Guided by Section 98 of the
Civil Procedure Act Cap 282 and the precedent set in Dnyandeo Sabaji Naik v. Pradnya Prakash Khadekar
(2017) 5 SCC 496, the court underscored its duty to prevent misuse of judicial resources and ensure the
efficient administration of justice. Consequently, the court struck out the respondent's application and
awarded costs to the applicants, reinforcing the principle that the judicial process should not be exploited
for delaying or complicating genuine disputes. The respondent's filing of a subsequent application for
letters of probate (Administration Cause No. 066 of 2023) constituted an abuse of court process.
Mayanja & Another v Tembo & 2 Others (Miscellaneous Application 1084 of 2024), The Court guided
that Letters of Administration issued by a court are binding court orders that must be adhered to by all
relevant parties. Once granted, these letters confer legal authority upon the appointed administrator to
manage and distribute the deceased person's estate. This order must be respected and followed, as it carries
the full weight of the court's authority.
In THE CASE OF MULEWA ISEBAHASA V KAIJA BUSINGE NGIMA NCT-01-CV –CA NO.002
OF 2017(ARISING FROM KAS -00 –CV-AC -108 OF 2016) provides for expiration of letters of
adminsitartion.
Documents For Succession

probate
IN THE HIGH COURT OF UGANDA AT TORORO
PROBATE AND ADMINISTRATION CAUSE NO……….. OF 2006
IN THE MATTER OF THE ESTATE OF THE LATE GEORGE SEWANYANA SEFULUYA

BOLINGO FORMERLY OF
BUDUMBULU EAST, NALUWERERE, TORORO, UGANDA.
AND
IN THE MATTER OF A JOINT APPLICATION FOR PROBATE BY DR. D.G.. BOLINGO

AND JANET PHOEBE BOLINGO NAMED AS EXECUTOR AND EXECUTRIX
RESPECTIVELY.
PETITION FOR PROBATE
WE, DR. D.G.. BOLINGO AND JANET PHOEBE BOLINGO of C/O MESSRS. B & CO.
ADVOCATES, P.O BOX 7117, KAMPALA, UGANDA do hereby apply to this Honourable Court
for grant of probate of the Will of the late OKELLO BOLINGO who died at …………………………….. on
the ……. day of ………….. 2006 and state as follows: -
1. THAT, the writing annexed to this application is his last will and testament and was duly
executed. See will attached hereto and marked Annexture “A”.
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2. THAT, the late OKELLO BOLINGO is survived by NYADOI BOLINGO widow; EPODOI
BOLINGO widow; DR. D.G.. BOLINGO Son; JANET PHOEBE Daughter; FRED
BOLINGO Son; SAMUEL BOLINGO Son; RUTH BOLINGO Daughter; GEOFREY
BOLINGO Son; DORA BOLINGO Daughter; HARRIET BOLINGO Daughter and
JOSELINE BOLINGO Daughter.
3. THAT, the deceased left the following property:-
(a) Residential Buildings at Malaba, Naluwerere, Tororo.
(b) Commercial Building called “Intercontinental Building” at Naluwerere, Tororo.
(c) Land at Naluwerere, Tororo comprised in LRV 1889, Folio 2, Block 3, Plot 229.
4. THAT, the said OKELLO BOLINGO at the time of his death had a fixed place of abode at
Malaba East, Naluwerere, Tororo, Uganda within the jurisdiction of this Honourable Court.
5. THAT, this application is made by us; DR. D.G.. BOLINGO AND JANET PHOEBE
BOLINGO a son and daughter respectively, named as Executor and Executrix of the Will of
the late GEORGE SEWANYANA SEFULUYA BOLINGO and we believe that the value of
the said estate is likely to be close to Ug.shs. 25,000,000/=.
6. THAT, we do hereby solemnly and sincerely declare that what is stated in the said application is
true to the best of our own knowledge and belief and we make this solemn declaration consciously
believing the same to be true and by virtue of the provisions of the Statutory Declaration Act 2000.
DECLARED at Kampala by the said
DR. D.G.. BOLINGO AND JANET PHOEBE BOLINGO this ………day of

………………………………2006
DR. D.G.. BOLINGO ……………………………………..
1ST APPLICANT
JANET PHOEBE BOLINGO ……………………………………..
2NDAPPLICANT
BEFORE ME:
……………………………………..
VERIFICATION
…………………………..
PETITIONER
DRAWN & FILED BY:
Sui Generis & Co. Advocates,
P.O Box 7117,
KAMPALA.
Letters of administration
Sui Generis and Company Advocates
P.O.BOX 7117
Kampala
14th November, 2005
To: The Administrator General,
Kampala.
Dear Madam,
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RE: APPLICATION FOR A CERTIFICATE OF NO OBJECTION TO THE ESTATE OF

THE LATE ABBAGA MABUGA
We represent KIRABO SUSAN, DAUGHTER to the above named deceased who intends to apply for
Letters of Administration.
The deceased died intestate on the 28th April, 2005 at BUKOTO Hospital Kampala, Uganda and was
buried on 29th April, 2005 at Nadiket Seminary, Kampala. Enclosed herein are the necessary documents
to enable the applicants to acquire a Certificate of No Objection.
We, therefore, pray that the Administrator General issues the said Certificate of No Objection to our
client.
Yours faithfully,
_______________________________
FOR: SUI GENERIS & CO. ADVOCATES.
cc. KIRABO SUSAN.
Encl.
PROBATE AND ADMINISTRATION CAUSE NO. OF 2005
IN THE MATTER OF THE ESTATE OF THE LATE
ABBAGA MABUGA FORMERLY OF BUKOTO KAMPALA – UGANDA
AND
IN THE MATTER OF AN APPLICATION FOR LETTERS OF ADMINISTRATION BY

KIRABO SUSAN, DAUGHTER OF THE DECEASED.
PETITION FOR LETTERS OF ADMINISTRATION.
1. I, KIRABO SUSAN, of C/O of Ms. SUI GENERIS & Co. Advocates, P.O Box 7117 Kampala,
Uganda do hereby apply for letters of Administration to the estate of the ABBAGA
MABUGA(hereinafter called the deceased) who died on the 28th day of April, 2005. The Medical
Certificate of the cause of death is annexed hereto and marked Annexture “A”.
2. The deceased was single and a Radio Presenter.

3. The deceased is survived by a Brother, sister and other relatives namely:-
(i) Ms Agwang Mary sister aged 52 years of Iyolwa, Tororo District.
(ii) Mr. Emmanuel Wadiba brother aged 50 years of Kibuye Kampala.
(iii) Ms KIRABO SUSAN daughter aged 40 years of Seeta Mukon
4. The deceased left the following property:-
(i) Registered land comprised in Mailo Register Mawokota Block 111 Plot 222 land at
Ntinda, Kampala currently registered in the names of one Okoth Obore.
(ii) Personal effects (see attached list marked Annexture “B”).
(iii) Bank accounts namely:
(a) Standard Chartered A/c No. 3555669023611.
(b) Barclays Bank City Branch A/c No. 0259954566225
5. The deceased at the time of his death had a fixed place of abode at BUKOTO within the jurisdiction
of this Hounorable Court.
6. The approximate value of the estate is in the region of U Shs.400,000,000/= (four hundred million
only).
7. This application is brought by me as a DAUGHTER to the deceased and the Administrator General
and other surviving relatives not object to my application as evidenced by Certificate of No
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Objection issued under his hand and consents annxed hereto and marked Annextures“C” “D” and “E”
respectively.
DATED at KAMPALA this ………….day of ……………………2005.
KIRABO SUSAN _____________________
APPLICANT
VERIFICATION
I, KIRABO SUSAN, do solemnly Certify that all what is contained hereinafter is true and correct to the
best of my knowledge.
KIRABO SUSAN _____________________
APPLICANT
BEFORE ME:-
____________________________
A COMMISSIONER FOR OATHS.
DRAWN & FILED BY:

P.O Box 7117,
KAMPALA.
FORMERLY OF BUKOTO KAMPALA – UGANDA
AND

NOTICE:
TAKE NOTICE that an application for letters of administration to estate of the late ABBAGA
MABUGA has been lodged in this Court by KIRABO SUSAN, DAUGHTER of the deceased.
The Court will proceed to grant the same if no caveat is lodged with the Registrar within fourteen (14)
days from the date of publication of this notice unless cause be shown to the contrary.
DATED at KAMPALA this …….….. day of ………………. 2005.
_______________
REGISTRAR
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DRAWN & FILED BY:
Sui Generis & Co.Advocates,
P.O Box 7117,
KAMPALA.
FORMERLY OF BUKOTO KAMPALA – UGANDA
AND

DECLARATION
I, KIRABO SUSAN, of C/O of Sui Generis & Co. Advocates, P.O Box 7117 Kampala, Uganda DO
HEREBY SOLEMNLY AND SINCERELY DECLARE that the Late ABBAGA MABUGA
formerly of BUKOTO Kampala, Uganda died on 28th April, 2005 at BUKOTO Hospital and that I am
a DAUGHTER to the deceased and I shall FAITHFULLY ADMINISTER the estate and effects of the
deceased by paying his just debts and distributing the residue of his estate and effects according to the law.
THAT I shall make a true and perfect inventory and render a just and true account thereof whenever
required by law to do so.
DECLARED at KAMPALA on the ………. day of …………….. 2005.
KIRABO SUSAN, _____________________
APPLICANT
BEFORE ME:-
___________________________
DRAWN & FILED BY:
P.O Box 7117,
KAMPALA.
Copy of will
THE LAST WILL OF ....................................
THIS is the LAST WILL and TESTAMENT of .................................... of P.O. Box ……………………
Kampala, Uganda voluntarily made by me in full and sober state of mind revoking all former Wills and
Testamentary dispositions hereto fore made by me.
1. I DODECLARE AS FOLLOWS:-
a) I …………………… I am the son of my mother the Late …………………… and my father ……………………
of ……………………, …………………… District, Uganda.
b) I have written the following voluntarily with a sound mind while conscious, I have not been forced
by anybody.
2. I am married to my only wife, …………………… of …………………… Village, …………………… District

Uganda and both of us are currently residing at ……………………, …………………… District, Uganda.
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3. I do have the following issues born of my said wife, viz:
 ……………………
 ……………………
 ……………………
4. I do possess the following properties:-
a) Immovable:
(i) Unregistered Land at ……………………
(ii) A permanent residential house, at …………………… bordered as follows:
 on the Eastern part with …………………….
 on the Western part …………………….
 on the Northern part with …………………….
 on the Southern part with …………………….
Measuring approximately 1 (one) acre.
(iii) A Commercial Building at …………………… which is bordered as follows:
 on the Eastern part with Lubowa.
 on the Western part with the Main Road (Biina Road).
 on the Northern part with Mulokole.
 on the Southern part with Akiiki.
b) Movable:
(i) Vehicles thus;
 ……………………
 ……………………
 ……………………
(ii) Cash in …………………… Bank Ltd …………………… Branch A/c No. …………………… in
respect of which I am sole signatory.
(iii) Cash in …………………… Ltd. …………………… Branch A/c No. …………………… in respect of
which I am sole signatory.
(iv) A running Life Policy Insurance No. ……………..with ……………………
5. I DO GIVE, BEQUEATH and DEVISE my above said immovable and movable properties to
my dear wife and children to own them jointly in equal proportions.
6. I DO HEREBY APPOINT AND NOMINATE:
(I) My dear wife, …………………… of……………………, ……………………, …………………… District, Uganda to

be my sole EXECUTRIX of this MY WILL.
(II) In case both my wife and I die in common calamity, God forbid, I DO APPOINT,
NOMINATE the following to be my JOINT executrixes:
1. ……………………, and
2. ……………………
7. I DO HEREBY APPOINT, NOMINATE AND ANNOINT my DearSon…………………… to

be my customary Heir.
8. I DO HEREBY CATEGORICALLY STATE THAT NO PERSON other than myabove said

EXECUTRIXES should have a say on the Execution of this MY WILL.
9. IT IS MY SINCERE WISH that upon my death I should be buried at my country home at

……………………, …………………… in accordance with …………………….
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10. FOR AVOIDANCE OF DOUBTNONE OF THE DEFENDANTS IHAVE BEEN

SUPPORTING OTHER THAN MY ABOVE said lawful children should take any benefit of
this MY WILL.
11. Copies of this MY WILL are kept as follows:
(i) ORIGINAL deposited with …………………….
(ii) A copy deposited with the …………………….
(iii) A copy deposited with …………………….
IN WITNESS WHEREOF I, TESTATOR .................................... have hereunto set my Hand this

…. day of ......................... the year 2005
_________________________
THE SIGNATURE of the said .................................... was affixed hereto as his LAST WILL and
TESTAMENT in the joint presence of the Two who in his presence at his request and in the presence of
each other hereunto Sub-scribed our names as witnesses.
___________________________________
1STWITNESS (NAME & SIGNATURE)
__________________________________
2ND WITNESS (NAME & SIGNATURE)
DRAWN BY:
P.O Box 7117 KAMPALA
FORM OF CAVEAT.
As per S.254, the caveat is in the following form
“Let nothing be done in the matter of the estate of ........................................., late of ................................,
deceased who died on the ...............................day of .......................... 20 at ................................without
notice to .................................. of.........................................
Notice to be published.
Rule 2 and 5 of the judicature (administration of estates) rules S.1 16-7. (First schedule)
(FAMILY DIVISION)
ADMINISTRATION CAUSE NO...............OF 2020.
TIMOTHY KITAYIMBWA
TO ALL whom it may concern.
TAKE NOTICE than an application has been lodged in this court by NANKINGA RESTY OF
KOLOLO, KAMPALA, Uganda, for probate of the will to the estate of the above named deceased.
The court will proceed to grant the probate of the will, if no caveat is lodged with the registrar within
fourteen days from the date of publication of this notice, unless cause is shown to the contrary.
Dated at Kampala this 3rd day of February, 2020.
DEPUTY REGISTRAR/MAGISTRATE.
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Plaint for revocation of a caveat.
(FAMILY DIVISION)
CIVIL SUIT NO. 2387 OF 2020
(Arising from probate administration cause no.283 of 2020)
RESTY TENDO ...................................................................PLAINTIFF
SANTA NAMULONDO .......................................................DEFENDANT
PLAINT
1. The plaintiff is a female adult Ugandan of sound mind and the widow of the late Geoffrey Semakula
whose address for purposes of this suit is SUI GENERIS AND CO ADVOCATES, P.O BOX 7117, and
KAMPALA.
2. The defendant is a female adult Ugandan presumed to be of sound mind and the plaintiffs advocates
undertake to effect service of court process upon him.
3. The plaintiffs claim against the defendant is for vacation of a caveat lodged against the defendant is for
vacation of a caveat lodged against the petition for letters of administration and costs for the suit.
4. The plaintiff’s cause of action against the defendant is for unlawful lodgment of a caveat against the
petition for letters of administration.
5. The facts giving rise to the cause of action are as follows:
a) The plaintiff and the deceased were legally married on the 26 th day of January 2020.
(Annexure A)
b) They then lived together in their matrimonial home at Bweyogerere and were blessed with
two issues: martin aged 20 and Harriet aged 18.
c) In 2019, the plaintiff left for the United Kingdom to pursue a master’s degree of law at
the University of Manchester. (Attached and marked annexure “B” is the admission letter
and marked Annexure “C” is a photocopy of her master’s transcript.)
d) In January 2020, the deceased past on leaving no will behind. (Attached hereto is a copy
of the death certificate marked annexure “D”).
e) Following the death of the deceased, the plaintiff as the wife of the deceased applied for
letters of administration to the estate of the deceased.
f) The defendant without any color of right caveated the application for the grant of letters
of administration.
6. The plaintiff avers that actions of the defendant have caused and continue to lead to waiting of the
estate of the deceased.
7. The defendant was issued with a notice to vacate the caveat but she did not heed to the notice. (Attached
and marked Annexure “E” is the notice to vacate the caveat issued to the defendant.)
8. The facts giving rise to this suit arose within the jurisdiction of this honorable court at kira Wakiso
district.
WHEREFORE the plaintiff prays for judgement against the defendant for orders that:
a) The defendants caveat be vacated
b) Cost of the suit.
Dated at Kampala this 3rd day of February 2020
M/S SUI GENERIS AND CO ADVOCATES
COUNSEL FOR THE PLAINTIFF
Drawn and filed by
UGANDA.
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Safe custody of wills.

This is governed by S.337 of the succession act and the succession (safe custody of wills) rules S I
268-1.
S.337 (1) stipulates that the will may be kept with the chief registrar or deputy registrar of the high
court.
Its prudent practice that more than one copy of the will is made and the other copies are kept with the
testators advocate, bank or trusted friend.
This practice is aimed at ruling out suspicions in the will presented after the testators death is a forgery.
Grant of probate
Under S.178 of the succession act, probate can only be granted to an executor appointed by the
will.
S.2 of the succession act cap 268, defines probate to mean the grant by a court of competent
jurisdiction authorizing the executor named in the testator’s last will to administer the testators estate.
S.231 of the succession act cap 268, states that the jurisdiction to grant probate and letters of
administration is exercised by the high court and a magistrate courts in accordance with the administration
of estates (small estates) (special provisions) act.
The petition for grant of probate.
The application for grant of probate is by petition as provided under S.240 of the succession act
cap 268. It must be written in the English language with the will annexed and stating:
a) The time of the testators death
b) That the writing annexed is the testator’s last will and testament and that it was duly executed.
c) The amount of assets which are likely to come to the petitioners hands
d) That the petitioner is the executor named in the will.
 S.246, provides that the civil procedure rules are applicable to their proceedings and so the
petition must be accompanied by a summary of evidence.
Where will is not in English.
Under S.241 of the succession act cap 268, the translation of the will must be annexed to the
petition. The translation must be annexed to the petition. The translation must be verified.
“I SUI GENERIS , do declare that I read and perfectly understand the language and character of
the original and that the above is a true and accurate translation of it.”
DECLARANT
Before me
V ERIF ICATION OF THE PETITION .

Pursuant to S.243 of the succession act cap 268, the petitioner must verify the petition.
Verification of petition by one witness to the will
Under S.244 of the succession act cap 268, one witness at least must verify the petition when
procurable.
Procedure for obtaining probate.
1. Obtain a death certificate to prove death of the testator. This may be obtained from the hospital if the
testator died there. Then if it was in any place, then L.C should issue a letter certifying the death of the
person.
2. Obtain a copy of the will which must be in English or have it translated if it is not in English and the
translation verified
3. valuation/estimation of the value of the testator’s estate to determine the court with the appropriate
jurisdiction to grant probate
4. Draft the petition with the necessary annexures
5. Lodge at the court registry for assessment of court fees.
6. Pay the court fees and then file the petition with court and obtain a court file number.
7. Issue a notice of intention to apply for probate by advertising in the gazette, any newspaper of side
circulation in Uganda as per Rule 2 of the judicature (administration for estates ) rules S.I 16-7
The form of the notice is as provided in the first schedule to the rules.
UNDER Rule 3 of the judicature (administration of estates) rules S.I 16-7, probate cannot be
granted before the lapse of 14 days from the date when the notice was issued on upon lapse, the petitioner
must adduce evidence of the notice.
8. If there is no caveat lodged on the application then the probate is granted if everything pertaining to the
petition is in order. The form of caveat to be lodged is provided under S.253
9. On grant executor must distribute the estate as per the will.
10. File a complete report with the court on the distribution. S.278 (1)
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Revocation of letters of administration/probate

Pursuant to S.230 (1) of the succession act cap 268, the letters of administration any be revoked
or annulled for just cause.
Just cause is defined to mean:
a) That the proceedings to obtain the grant were defective in substance
b) That the grant was obtained fraudulently by making a false suggestion or by concealing from the
court something material to the case. In Romano Salim Ogwanga And 5 Ors V Saida Atala19,
Justice Remmy Kasule stated in order to impeach the letters on grounds of fraud, the fraud must
be specifically pleaded and the allegations of fraud must be specifically pleaded and the allegations
of fraud must be strictly proved.. The standard of proof is more than a mere balance of
probabilities.
c) That the grant was obtained by means of untrue allegation of a fact essential in point of law to
justify the grant, though the allegations was made in ignorance or inadvertently.
d) That the grant has become useless and inoperative through circumstances.
e) That the person to whom the grant was made has willfully and without reasonable cause omitted
to exhibit an inventory or account in accordance with part xxxiv of this act or has exhibited under
that part an inventory or account which is untrue in material respect.
Procedure
I. File a suit by way of plaint seeking orders for revocation of the letters of administration.
Citation
An application by the plaintiff to temporary withdraw the letters pending disposal of the suit.
Necessary documents
i. Notice of intention to sue
ii. A plaint
iii. Summary of evidence.
In AMECHO V TWALIB AND 2 ORS H.C.C.S NO.9 OF 2008, it was held that it is trite law that a
grant remains valid until revoked even if obtained by fraud so long as the grant remains unrevoked, the
grantee represents the estate of the deceased.
19
HCT -02-CV-CS-0020,2005
RICHARD BABUMBA AND 13 ORS V JAMES SSALI BABUMBA H.C.C.S NO.78 OF2012
A MENDMENT OF LETTERS OF ADMINI STRATION / PROBATE .

Amendment of letters of administration is made pursuant to S.98 of the civil procedure act, S.33
of the judicature act and O.52 rules 1 and 2 of the CPR.
In joseph Buye and 3 ors v Dr. samuel ssenyange20, court was moved under the
aforementioned provision so as to cancel two executors from the probate having not been around to carry
out such activities.
Procedure
 Lodge a notice of motion with a valid affidavit
 Pay court fees.
Documents
 Notice of motion
 Affidavit
Exercise of power by joint administrators/executors.
In silver Byaruhanga v Fr. Emmanuel Byaruhanga and Rudega21, the Supreme Court held
that a single executor or administrator cannot convey land of a deceased person without the express
consent or authority of the co-executors or co-administrators.
The court stated that S.268 of the succession act cap 268, does not confer powers on a single
executor or administrator to singularly exercise powers vested in the joint executors or administrators with
respect to conveyance of land belonging to the estate of a deceased without the express consent or
authority of co-executors or co administrators.
The court reasoned that where executors or administrators jointly apply for probate or letters of
administration and a grant is obtained simultaneously or together, they must act jointly at all times.
The section (272) must be read with S.134 of RTA (in respect of transfers) which states that where
probate is granted to several executors all of them must concur in every instrument, surrender or discharge
relating to the land, lease or mortgage.
20
H.C.M CAUSE NO.15 OF 2015
21
CIVIL APPEAL NO.9 OF 2014
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In Civil Application No.1008 of 2023, Henry Mukasa Mawangala, Pafrah Dilto Tomusange
(administrators of the estate of the late Norah Nassozi), and Nanfuka Juliet (administratrix of the estate
of the late Thomas Kalinabiri versus George William Kalule , the following where the key points;
Appointment of Administrator Ad Litem: Legal Provision: Section 222 of the Succession Act. Key
Point: The court can appoint an administrator ad litem when it is necessary for the continuation of a
pending suit and the person entitled to administration is unable or unwilling to act. Caselaw: Byomuhanji
Christopher vs.Rugumya Johns (Fort Portal Civil Miscellaneous Application No.27 of 2023), which
supports appointing an administrator ad litem when no family member has taken steps to administer the
estate, and Winrose Emmah Ndinda Kiamba vs.Agnes Nthambi Kasyoka [2021] eKLR, which
emphasizes the court's power to appoint an administrator ad litem in the absence of a willing executor or
administrator.
Necessity for Legal Representation of a Deceased Person's Estate: Legal Provision: Section 222 of
the Succession Act. Key Point: It is essential to appoint a legal representative for a deceased person's estate
to ensure that ongoing legal proceedings are not abated or dismissed, thus protecting the rights of all
parties involved. Caselaw: Mckay vs.MK Nasb 97 Tem 236 S.W.A.109, 1896, which explains the
necessity of appointing an administrator ad litem to prevent the abatement of legal actions due to the
death of a party.
Proof of Death and Willingness to Act: Key Point: Adequate proof of death must be provided, and
it must be shown that no one is willing or able to act as the administrator of the deceased's estate.In this
case, the proof included affidavits and supporting letters from local authorities. Caselaw: Byomuhanji
Christopher vs.Rugumya Johns (Fort Portal) Civil Miscellaneous Application No. 27 of 2023 and
Winrose Emmah Ndinda Kiamba vs. Agnes Nthambi Kasyoka (supra) both emphasize that when no
beneficiary steps forward, the court can appoint an administrator ad litem to avoid delays in legal
proceedings
Suitability of the Candidate for Administrator Ad Litem: Key Point: The suitability of the
appointed administrator ad litem must be established, considering their interest and connection to the
deceased's estate.Ms.Nakiranda Hellen was deemed suitable because she is the daughter of the deceased
and the registered owner of the land in question. Caselaw: Byomuhanji Christopher vs. Rugumya Johns
(Fort Portal) Civil Miscellaneous Application No. 27 of 2023 , which discusses the criteria for suitability
when appointing an administrator ad litem. 5. Caselaw: Byomuhanji Christopher vs.Rugumya Johns
(Fort Portal) Civil Miscellaneous Application No. 27 of 2023 and Winrose Emmah Ndinda Kiamba vs.
Agnes Nthambi Kasyoka (supra) both emphasize that when no beneficiary steps forward, the court can
appoint an administrator ad litem to avoid delays in legal proceedings.
Suitability of the Candidate for Administrator Ad Litem: Key Point: The suitability of the
appointed administrator ad litem must be established, considering their interest and connection to the
deceased's estate.Ms.Nakiranda Hellen was deemed suitable because she is the daughter of the deceased
and the registered owner of the land in question. Caselaw: Byomuhanji Christopher vs. Rugumya Johns
(Fort Portal) Civil Miscellaneous Application No. 27 of 2023 , which discusses the criteria for suitability
when appointing an administrator ad litem. 5.Interest of Justice and Long-standing Litigation: Key
Point: The appointment of an administrator ad litem is in the interest of justice, especially in long-
standing cases, to ensure that legal rights and proceedings are not unduly delayed or dismissed. Caselaw:
Winrose Emmah Ndinda Kiamba vs. Agnes Nthambi Kasyoka (supra), highlighting the court's
responsibility to ensure that justice is served by preventing unnecessary delays in the administration of
justice.
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TOPIC EIGHT
LODGMENT AND REMOVAL OF

CAVEATS.
Caveats are lodged if there is any opposition to the grant of letters of administration.
A caveat is lodged pursuant to S.249 of the succession act cap 268. Form of caveat is provided in
S.250 of the succession act cap 268 supported by an affidavit with grounds.
Under S.251 of the succession act cap 268, no proceedings in relation to the petition can take place
until after reasonable notice requiring the caveator to vacate the same has been given.
The caveat before placing a caveat must have a caveatable interest.
In Adong Suzan And 2 Ors V Otack Raymond22, the defendant who was not related to the deceased
lodged a caveat against the grant of letters to the plaintiffs children to the deceased. His ground was that
the application included customary land. Karia J, held that the defendant not being in any way related to
the deceased was not entitled to lodge a caveat forbidding the grant. Court awarded 2,000,000 general
damages were awarded against the defendant for preventing the proper management of the estate causing
losses to the plaintiff.
R EMOVAL OF CAVEAT .
(Suit is instituted pursuant to S.252 and it by ordinary plaints as its contentious)
Procedure
1. Issue a notice to the caveator requiring them to remove the caveat or commence a suit to have the caveat
vacated pursuant to S.252 of the succession act cap 252. The notice mandatory as failure to issue the same
makes the subsequent suit filed liable for dismissal on a preliminary point of law.
In The Matter Of The Estate Of The Late Justice David Kirunda, HCMA NO.252 OF 2014,
justice Percy night Tuhaise citing the decision in Margret Kabahunguli V Eliazali Tibekinga And
Anor23 with approval held that the notice in section 255of the succession act is a mandatory statutory
notice which must be effected on the caveator notifying him of an intended suit should he or she fail or
refuse to remove the caveat.
22
HCT -02- CU -0089-2002HC
23
HCAC 08/95
2. Where the caveator fails to heed to the notice then the petitioner can bring a suit under S.252(3) of the
succession act in which they will be plaintiffs and the caveator defendants.
3. Drafting of plaint and the necessary accompanying documents. O.6 R 2 of the CPR.
4. Lodgment for assessment of court fees.
5. Payment of court fees. Judicature (court fees) rules rule 4.
6. Filing of the plaint and the accompanying documents and the receipts of payment.
7. Extracting summons to file a defense. O.5 R 1 OF CPR.
8. Serving the summons onto the defendant within 21 days. O.5 R 1 CPR
9. Affidavit of service deponed and filed on court record. O.5 R 16 OF CPR.
RESEALING OF PROBATE OR LETTERS OF

ADMINISTRATION
Resealing of probate or letters of administration applies to grants made in other commonwealth
counties other than Uganda where the deceased had some of his properties in Uganda.
Procedure
1. Have the copies of the grant certified by the common wealth court issuing them or obtain the original
grant. S.5 of the probate (Resealing) act cap 266.
2. Draft an application letter for resealing addressed to the deputy registrar of the high court
 On the letter attach a copy of the certified grant that is to be resealed , a will if any pursuant
to Rule 3 of the Probate (resealing ) rules S.1 .266-1
3. Make oath as per rule 4(b) and the form of the Oath is prescribed in form c of the schedule and attach
it to the application.
4. Pay probate duty as required by S.3(4) of the probate (resealing) act cap 266 and attach evidence of
payment to the application
5. Payment of requisite fees which are UGSHS 45 as per Rule 5 of the rules and attach the evidence of
payment to the application.
6. File the application with the high court registrar
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7. under Rule 4 (a), advertisement of the application if directed by the registrar and the advertisement is
as prescribed under form C.
MISSING PERSONS ESTATE
W HO I S A MISS ING PERS ON .

S.1 of the estates of missing persons management act cap 265, defines a missing person who
disappears from Uganda without making provision for the administration of his or her estate and
investigations have shown that his or her whereabouts are unknown.
Who can apply to manage estates?
S.2 (1) of the EMPMA cap 265, is to the effect that where a person in the act referred to as a
“missing person” disappears without making provision for the admin of their estate on the maintenance
of his/her dependent relatives if any and is not heard of within 6months, any relative of the missing person
may with the concurrence of the family of the missing person, apply the court to be granted an order to
manage his estate but the court may, if it considers it necessary or desirable, grant an order to more than
one relative to manage the estate jointly.
S.2 of the defines a family to include a parent, grand parent, uncle, first cousin, child, grand child,
wife’s or husband of a missing person.
S.1(2) postulates that an order of management of an estate a missing person shall not be granted
to any person under the age of 18 years.
Procedures, forum and documents necessary.

F IL ING OF APPLICATION .
S.4 of the act provides that an application for grant of an order under the act must be made subject
to such modification as may be necessary in the same form as an application for grant of letters of
administration.
S.242 of the succession act provides that an application for L.O.A shall be made by petition.
S.242 of the S.A postulates that a petition for L.O.A must in all cases be subscribed by the
petitioner and his/her advocates, if any and must be verified by the petitioner.
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The application for administration of estate of missing person is made by way of petition, verified
by the petitioner.
Jurisdiction
This is stipulated under S.3 of the act:
a) M.G 2 where the total value of the estate does not exceed 10,000 shillings
b) M.G. 1 where the total value of the estate exceeds 10,000 shillings but does not exceed 20 million
c) CM where value of the estate exceeds 20 million but not above 50 million.
What are the powers and duties of a manager of the estate of a missing person.
S.1 EMPMA defines a manager to mean any person to whom an order to manage an estate of a
missing person is granted under the act.
Under S.8(1) a manager has general and special power for the management of the estate of the missing
person as appears to court to be necessary and stipulated in the order of the appointment or any
subsequent order.
S.8 (2) bars any manager without the permission of court from:
Mortgaging, charging or transferring by will, sale or gift, intervolves, surrender, exchange or otherwise any
immovable property of a missing person.
Lease any such property for term exceeding three years
Invest any property of a missing person in any securities other than those authorized by the trustees act.
2. under S.11(1), the manager has a duty to collect all debts owing to the estate by issuing a notice to the
debtor in writing , showing the amount due and to have it settled within the notice period. The notice
should be verified with an affidavit.
3. Under S.13 (1), the manager has the power to appoint an agent for the efficient and economic
management of the estate, on such terms and remuneration as she considers reasonable in the
circumstances.
4. Furnish court with inventory and annual accounts as per S.15 (1)
Person can by petition impugn the accuracy of any inventory.
D UT IES OF THE MANAGER .

1. under S.12(3),they have a duty to clear the outstanding insurance premiums and pay the regular
premiums within 3 months from date of appointment or else the policy, if any will lapse.
2. S.15(1) obliges a manager to furnish an inventory within 6 months from their date of appointment or
on such other time as the court may order and also furnish an account annually.
P RESUMPT ION OF DEATH AND DEATH .

Under S.20 upon lapse of 3 years from date of disappearance, the missing person is presumed dead.
When person dies (procedure)
1. Report to the A.G within one month of the confirming the death. S.21 (1). The report should be
accompanied by all accounts and any other documents relating to the estate. S.21 (2).
Under S.21 (1) of the act, the manager must report the presumption of death within one month, in writing
to the administrator general and then cease to manage the estate.
S.47 (2) of the registration of persons act no.4 of 2015, a person is presumed dead in accordance with
subsection (1), any person who would have been duty bound under S.43 to give notice of the death of the
person of presumed dead may apply for an order of presumption of death in a court of competent
jurisdiction and order shall issue and be served upon the authority and shall have the same effect as a
certificate of death.24
ESTATES OF PERSONS WITH MENTAL ILLNESS

Who is a person of unsound mind.
SECTION 2 OF THE MENTAL HEALTH ACT CAP 308, defines mental illness to mean a diagnosis
of a mental health conditron in terms of accepted diagnostic criteria made by a mental health practitioner
or medical practitioner authorized to make such diagnosis, mental hcalth conditions include but are not
are limited to depression. bipolar, anxiety disorders,schizophrenia and addictive bchavior due to
alcohol/substance abuse among others;
D ETERMINATION OF MENT AL ILLNESS

Section 54 (1) MHA A determination of the mental health status of a person shall be carried out, where
it is required for proceedings before a court of law or for any other official purpose.
(2) A determination under subsection (1) shalt only be carried out by a psychiatrist or where a psychiatrist
is not available, by a senior mental health practitioner.
(3) The determination under this section shall be based on only factors which are exclusively relevant to
the mental health status of the patient and not on any social, political, economic, cultural,
religious or other factors.
24
re yekoyasi, hcma no.6 of 2017
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(4) The determination shall only be used for the purposes for which it was required.
(5) A person, who carries out a determination of the mental health status of a person contrary to this
section' commits an offence and is liable on conviction to a line not exceeding one hundred twenty
currency points or to imprisonment for a term not exceeding six months, or both.
R IG HTS OF PATIENTS .
Section 51 mental health act CAP 308, guarantees respect, human dignity and privacy of a patient
Section 52 ,non discrimination of persons with mental illness
Section 53, protection from exploitation, abuse or degrading treatment
Section 55 and 56, provides fro the right to information and disclosure of the same
Section 57(1), a voluntary patient to be informed about his/her rights before administering treatment
Section 41, consent to treatment by voluntary patients
Section 44, consent to treatment by involuntary patients
Principle 1; principles for the protection of persons with mental illness and the improvement of mental
health care, provides for fundamental freedoms and basic rights.
Principle 4, determination of mental health/illness to be in accordance with internationally accepted

medical standards and not to be based on political, economic or social status.
Principle 6, confidentially of information
Principle 11, consent to treatment
Principle 15, where a person needs treatment in a mental health facility, every effort shall be made to avoid
involuntary admission.
Principle 16, involuntary admission in circumstances where there is a serious likelihood of immediate or
imminent harm to that person or others and where there is serious detoriation of mental health or
condition.
EMERGENCY TREATMENT
Section 2 of the mental health act defines emergency treatment means psychiatric treatment that is
Necessary to give to a person to-
(a) save the life of that person or
(b) prevent the person from behaving in a way that is
likely to result into serious physical harm to that

person or any other person;
section 21 of the MHA; A person qualifies for emergency admission and treatment
where that person has mental illness and as a result of which he or
she-
(a) is likely to inflict serious harm on himself or herself or on
another person; or
(b) has behaviour which may lead to-
(i) a serious financial loss to himself or herself;
(ii) a lasting or irreparable harm to an important personal
relationship held with another person as a result of
damage to the reputation of the person;
(iii) serious damage to the reputation of the person; or
damage to property.
A person admitted for emergency treatment shall be assessed within 12 hours and the emergency
treatment shall be for a maximum period of 3 days after the assessment. A patient shall not be continuously
managed for emergency treatment for a period exceeding 5 days.
Voluntary/involuntary treatment, assessment and admission
Section 23 (1) of the mental health act cap 308,provides that a person with mental illness and prima facie
requires treatment and care from a mental health unit but is for the time being incapable of expressing
himself or herself as willing or unwilling to receive treatment, may on a written request under this section,
be received in a mental health unit as an involuntary patient for treatment and care.
Section 28(1), A person with mental illness who has attained the apparent age of eighteen years, and
submits voluntarily to a health unit or a mental health unit shall be received or admitted as a voluntary
patient by that health unit or mental unit, and is entitled to voluntary treatment.
MANAGEMENT OF THE ESTATE OF PERSONS WITH MENTAL ILLNESS.
Section 59 (1) of the MHA, A person with mental illness has the right to enjoy legal
capacity on equal basis with others in all aspects of life.
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(2) A person with mental illness has the right to manage his or her affairs.
(3) Notwithstanding subsection (2), a person with mental illness may be stopped from managing his or
her affairs where-
(a) the Board orders, after it is established by two mental health practitioners, appointed by the Board, that
the person with mental illness is not able to manage his or her affairs; or
(b) court, on an application by a relative or a concerned person, determines that the person is not able to
manage his or her affairs.
(4) Where the mental health practitioners referred to in subsection (3) (a) have differing opinion, the
Board shall appoint another mental health practitioner to carry out another assessment'
SECTION 59(6), The assessment made under this section shall be restricted to evaluating the capacity of
a person with mental illness to determine the ability of managing his or her own affairs.
PERSONAL REPRESENTATIVE OF THE PERSON WITH MENTAL ILLNESS

Section 60(1), 1fFor the purposes of managing his or her affairs, a person with
mental illness has the right to appoint a personal representative to make televisions, on his or her behalf
section 60(1) of the MHA, Where an order is made under section 63 that a person with mental illness is
not capable of managing his or her affairs, or where a person with mental illness does not appoint a
personal representative, court shall appoint a suitable relative to be his or her personal representative.
(2) A personal representative shall-
(a) manage the estate of the person with mental illness; or
(b) be the guardian of the person with mental illness and of the dependents of that Person.
PROCEDURE FOR MANAGING THE ESTATE OF AN INVOLUNTARY PATIENT.
a) Apply to the Uganda mental health advisory board for an order to have the person assessed by 2
mental health practitioners.
Section 59(3)(a) of the mental health act, the board can order that a person with mental illness is incapable
of managing their affairs.
Or
Apply to court by way of notice of motion supported by an affidavit for an order to have the person
mentally assessed by a psychiatrist or senior mental health practitioner.
Section 54(1) and (2) of the mental health act facilitates the determination of mental health status through
a mental health assessment, done by a psychiatrist or a senior mental health practitioner.
Section 98 of the civil procedure act, the inherent powers of court to be invoked.
Article 20 (1) of the 995 constitution of uganda, fundamental rights and freedoms are inherent and not
granted by the state.
Article 23, protection of personal liberty
Article 24, respect for human dignity and protection from inhuman treatment.
Article 26, protection from deprivation of property
Conduct a mental health assessment on the basis of the court order.
Apply to court to obtain an order authorizing the management of the estate of the person declared to be
with mental illness by virtue of the mental health assessment conducted by way of notice of motion plus
an affidavit
Person appointed to manage the estate in the best interests of the person with mental illness and where
required by court, be a guardian as well.
Procedure for managing the estate of a voluntary patient
Conduct a mental health assessment as per section 54 of the mental health act
Appoint a personal representative to manage the estate as per section 60 (1) of the mental health act
In the alternative, an application can be made to court by way of notice of motion and affidavit in support
for an order authorizing the management of the estate of the person with mental illness.
Forum and necessary documents
The high court
Notice of motion
Affidavit in support
Mental health assessment form
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TOPIC NINE
DOCUMENTS
AT ENTEBBE.
GRACE AKOROMWIGURU.................................................PETITIONER
VERSUS
LUBOGO HENRY ...................................................RESPONDENT
PETITION FOR DIVORCE.
shall be SUI GENERIS AND CO. ADVOCATES, P.O BOX, KAMPALA and it shows
municipality, Wakiso District and her advocates undertake to effect service of the petition on the
respondent.
Entebbe Municipality, Wakiso district.
3. THAT your humble petitioner professes the Anglican religion.
4. THAT your petitioner was in the month of May 2015,was lawfully married to the respondent in
a customary marriage under the Karamojong customs at the home of the parents of the petitioner
in Moroto district,
at All saints church at Nakasero in the district of Kampala, and that
a) The marriage was solemnized under the provisions of the Marriage Act cap251 in force at the
time;
HENRY at kiwanga village, Entebbe Municipality and there is one issue of the marriage to wit
Lubogo Juniorborn on the 1st September 2016.
2017, SEPTEMBER 2017, FEBRUARY 2018, MARCH 2018 AND OCTOBER 2022 at their
matrimonial home in Entebbe Municipality, Wakiso district violently assaulted your petitioner
by striking her in the face, abdomen area, back and on the head with his enhanced fists, using a
but on some occasions and his shoes at times.
2017 TO OCTOBER 2022 at their matrimonial home in Entebbe municipality, Wakiso district
insulted your petitioner by blaming her for all his problems, for being Karamojong and calling her
good for nothing. This has caused your petitioner mental and emotional anguish.
8. THAT all avenues ,forums and steps taken by the petitioner to ensure the respondent stops being
cruel to the petitioner have yielded no results.( attached as Annexure ‘A’ is a copy of the minutes
from one of the mediation meetings called by our relatives)
9. THAT due to the continued cruelty of the respondent to the petitioner, the marriage between the
two of them has irretrievably broken down.
10. THAT the matter arose in Entebbe municipality, Wakiso district which is within this court’s
jurisdiction.
other person connected in any way with the proceeding nor is your petitioner guilty of
condemnation.
a) The marriage of your petitioner with the respondent be dissolved and a decree nisi be granted
b) That the petitioner may have the custody of the issue of the marriage
c) That the respondent be ordered to pay alimony of UGX.1,000,000 per month to the petitioner
and pay UGX.1,000,000 per month to the petitioner for maintaince of the issue of the marriage.
d) That the respondent pay the costs of and incidental to the petition
e) That your petitioner may have such further and other relief as the court may deem fit.
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DATED at KAMPALA, this 26th day of October 2022.
PETITIONER
PETITIONER
Drawn and filed by;
________________________________ before me
SUI GENERIS AND CO. ADVOCATES, _________________________
P.O BOX 7117, KAMPALA COMMISSIONER FOR OATHS
AT ENTEBBE.
GRACE AKOROMWIGURU........................................................PETITIONER
VERSUS
LUBOGO HENRY .........................................................RESPONDENT
SUMMARY OF EVIDENCE
The petitioner shall adduce evidence to the effect that the respondent, LUBOGO HENRY, has been cruel
to her thereby causing her emotional and psychological torture.
LIST OF DOCUMENTS
The petitioner will adduce the following documents in support of the petition.
1. The marriage certificate
2. Minutes from the previous mediation meetings
3. Any other with the leave of court.

LIST OF WITNESSES.
The petitioner shall testify and call the following witnesses.
1. Akoromwiguru Grace
LIST OF AUTHORITIES
1. The divorce act
2. Any other authority with leave of court.
Dated at Kampala on this 27th day of October 2022.
PETITIONER.
Drawn and filed by
P.O BOX 7117, KAMPALA.
_____________________________________________________________
THE REPUBLICOF UGANDA
AT ENTEBBE.
DIVORCE CAUSE NO.001 OF 2022.
GRACE AKOROMWIGURU..............................................................PETITIONER
VERSUS
LUBOBA HENRY ................................................................RESPONDENT
SUMMONS TO FILE AN ANSWER TO THE PETITION.
TO: LUBOGO HENRY
WHEREAS, the above named petitioner has instituted a suit against you upon the claim, the particulars
of which are set out in the copy of the petition attached here to.
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YOU ARE HEREBY required to file a response in the said sent within 15 days from the date of service of
summons on you in the manner prescribed under O.9 r 1 of the civil procedure rules S.1 71-1 (as amended)
SHOULD YOU FAIL to file an answer on or before the date mentioned, the petitioner may proceed with
the said suit and judgement given in your absence.
GIVEN UNDER my hand and seal of the court on this 25th day of October 2022 at Entebbe.
MAGISTRATE.
__________________________________________________________________
Caveat (S.13 of MA, S.27 OF CMRA)
IN THE MATTER OF THE MARRIAGE ACT
CAP. 146
AND
IN THE MATTER OF A CAVEAT FORBIDDING THE
SOLEMNISATION OF A MARRIAGE.
TO: THE REGISTRAR OF
MARRIAGES AT KAMPALA.
CAVEAT FORBIDDING SOLEMNISATION OF A MARRIAGE.
TAKE NOTICE that I, LUBOGO HENRY, being the lawful husband of GRACE
AKOROMWIGURU who intends to contract another marriage at Christ the king church, hereby forbid
the same for the following reasons.
1. That grace is already married to me having solemnized a marriage on 29 th December 2015 at all
saints church Nakasero.
My address for purposes of service under this caveat is SUI GENERIS and co advocates, P.O BOX 7117
KLA.
Dated at Kampala this 25th day of October 2022.
SIGNED by the sand
LUBOGO HENRY
CAVEATOR.
Before me
________________________________________________________________
IN THE CHIEF MAGISTRATES COURT OF ENTEBEE
AT ENTEBBE.
MATRIMONIAL CAUSE NO. 002 OF 2022.
GRACE AKOROMWIGURU.......................................................PETITIONER
VERSUS
LUBOGO HENRY ..............................................................RESPONDENT
PETITION FOR RESTITUTION OF CONJUGAL RIGHTS AND PROVISION OF

MAINTENANCE.
(Under S.20 (1) and (2) of the D.A and O.22 rule 29 of civil procedure rules)
shall be SUI GENERIS AND CO.ADVOCATES, P.O BOX 7117, KAMPALA and these are as follows:
municipality Wakiso district and her advocates under take to effect service on the respondent.
2. THAT the respondent is a male adult Ugandan presumed to be of sound mind and is a resident
of Entebbe municipality, Wakiso district
4. THAT your petitioner was on the 12th day of December 2015 ;lawfully married to the respondent
at Christ the king church in the district of Kampala and that:
a) The marriage was solemnized under the provisions of the Marriage act cap 251 in force at the
time;
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HENRY at kiwanga village, Entebbe municipality and there are two issues of the marriage to
with LUBOGO JUNIOR AGED 20 YEARS AND AKIROMO JUNIOR AGED 3 YEARS.
5. THAT, the respondent, LUBOGO HENRY has not from the month of AUGUST 2017, to date
not provided maintaince to the petitioner nor to the children.
6. THAT the respondent, LUBOBA HENRY has since the 14th day of AUGUST 2015 refused and
still refuses to render her conjugal rights albeit living in the same house and sleeping in the same
bed.
7. THAT the petitioner has taken all necessary steps to have the respondent, LUBOGO HENRY
restore her conjugal rights but with no success in sight.
8. THAT the matter arose in Entebbe municipality, Wakiso district which is with in this court’s
jurisdiction.
Your petitioner therefore humbly prays for a decree that;
a) The respondent be ordered to provide maintaince for the wife and the children at a rate of UGX.
1,000,000 per month.
b) The respondent be ordered to render the petitioner her conjugal rights
c) The respondent pay the costs of and incidental to this petition.
PETITIONER
PETITIONER
SUI GENERIS AND CO. ADVOCATES .............................................
P.O BOX 7117, KAMPALA COMMISSIONER FOR OATHS.
Attach
1. Summary of evidence
2. Summons to file a reply
3. Mediation summary.
______________________________________________________________________
Separation agreement.
IN THE MATTER OF THE DIVORCE ACT, CAP 144
AND
IN THE MATTER OF THE CONTRACTS ACT, 2010
SEPARATION AGREEMENT.
THIS AGREEMENT IS MADE THIS 27th day of October 2022.
BETWEEN
GRACE AKOROMWIGURU aged 24 years whose address for purposes of this agreement shall be SUI
GENERIS COMPANY ADVOCATES, PILKINGTON ROAD, KAMPALA. (Hereinafter referred to
as the wife)
AND
LUBOGO HENRY aged 35 years, resident of lubowa, Entebbe, Wakiso district (Hereinafter referred to
as the husband)
WHEREAS the husband and wife lawfully contracted a marriage on the 15 th day of October 2015 at All
saints cathedral Nakasero in Kampala.
AND WHEREAS they have since lived and cohabited together at their matrimonial home in Entebbe
municipality and have two issues from the marriage to wit, Lubogo Junior aged 3 years and Lubogo Grace
aged one year (Hereinafter referred to as the children)
AND WHEREAS the relationship between the two has broken down and thus they are desirous of
separating and agree to live separately as agreed in this agreement.
THIS AGREEMENT IS THEREFORE WITNESSETH AS FOLLOWS:
1. NON MOLESTATTION.
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1.1 The parties mutually agree that there shall be no molestation of one by the other during the
continuance of this agreement.
1.2 In the event that any of the parties violates the provision of clause 1.1 above, the party in
breach shall pay damages of UGX 5,000,000 to the other innocent party.
2. MAINTENANCE OF WIFE AND CHILDREN.
2.1 The husband shall provide for the maintenace of children and the wife at a rate
UGX.2,000,000 per month
2.2 The maintenance in clause 2.1 above shall be paid on every 28th day of the month and shall be
deposited on the above account provided by the wife from time to time.
2.3 Failure to comply with clause 2.2 above, the sum in clause 2.1 shall attract an interest of 10%
for each day after the 28th day to the day when the full sum due that month shall be paid.
3. LIVE A PART.
The parties agree that they shall continue to live separately in consideration for having each other’s
consortium.
4. DUM CASTA CLAUSE
Name of the parties to this agreement shall be at liberty to have sex with another person during the
subsistence of this agreement.
5. MATRIMONIAL PROPERTY
5.1 each party shall be entitled to take property constituting wearing apparel and personal effects
5.2 the wife shall be entitled to retain the matrimonial home during the subsistence of this
agreement
5.3 all other properties constituting matrimonial property at the time of execution od this
agreement shall continue to be held jointly and for the benefit of both parties
5.4 the party deriving any income from any of the properties mentioned in clause 5.3 shall have
to account to the other party for all revenues earned from the properties and shall relinquish
half of the income earned to the other party as their share in the income earned to the other
party as their share in the income earned from the property.
5.5 All properties acquired by the parties during the subsistence of this agreement shall not be
construed as constituting matrimonial property during the subsistence of this agreement or
thereafter.
6. DURATION
6.1 This agreement shall unless otherwise expressly agreed upon by the parties in writing run for
a period of two years from the date of execution.
6.2 Notwithstanding clause 6.1, the parties may by mutual consent terminate this agreement at
any time during its subsistence.
7. CUSTODY OF THE CHILDRN.
7.1 The parties agree that the wife shall have custody of the children while the husband shall have
visitation rights at all times
7.2 In exercise of his visitation rights in clause 7.1 above, the husband shall ensure that he gives at
least a days’ notice to the wife and shall ensure the visits are in a reasonable time
7.3 For avoidance of doubt, reasonable time shall be construed to be between 9:00am and
7:00pm.
8. AMENDMENT.
No provision in this agreement shall be varied or deemed to be varied except where there is an express
agreement to that effect in writing signed by the parties.
9. DISPUTE RESOLUTION.
9.1 All disputes arising under this agreement shall be referred to a mediator within 10 working
days from the date when the dispute arose.
9.2 The mediator referred to in clause 9.1, shall be a mediator appointed by CADER upon
application by either party,
9.3 The mediation referred to clause 9.1, shall not exceed 30 days from the first day when the
mediation is commenced.
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9.4 Where the parties fail to reach a settlement in respect of the dispute, they shall refer the matter
to court of competent jurisdiction for resolution of the dispute.
10. LAW APPLICABLE.
This agreement shall be governed by the laws of the republic of Uganda.
IN WITNESS WHEREOF, the parties have appended their signatures hereto on the date and year first
mentioned above.
SIGNED BY:
SIGNED BY:
AKORIMO GRACE LUBOGO HENRY
(WIFE) (HUSBAND)
In the presence of in the presence of
KIZITO DERRICK LUMALE JOEL
ADVOCATE ADVOCATE
Drawn by
UGANDA.
____________________________________________________________
Judicial separation.

AT ENTEBBE
MATRIMONIAL CAUSE NO 003 OF 2022
AKIROMO GRACE ................................................PETITIONER
VERSUS
LUBOGO HENRY .....................................................RESPONDENT
PETITION FOR SEPARATION.
(Under section 14 of The Divorce Act Cap 144 and rule 4 of the divorce rules)
shall be SUI GENERIS AND CO. ADVOCATES, P.O BOX 7117, KAMPALA and it show:
municipality Wakiso district and her advocates undertake to effect service of the petition on the
respondent.
Entebbe municipality, Wakiso district.
at all saints cathedral at Nakasero in the district of Kampala and that
a) The marriage was solemnized under the provisions of the Marriage act cap 251
b) After the marriage, your petitioner hired and cohabited with the respondent, LUBOGO
HENRY at kiwanga village, Entebbe municipality and there is one issue of the marriage to will
LUBOGO JUNIOR born on the 1st September 2016.
5. THAT your petitioners husband, LUBOGO HENRY, in or about the month of AUGUST
2017,SEPTEMBER 2022, at their matrimonial home in Entebbe municipality ,Wakiso district,
violently assaulted your petitioner by striking her in the face ,abdomen areas, back and her head
with calendared fits and his belt.
6. THAT all avenues and steps taken by the petitioner to ensure the respondent stops being cruel to
the petitioner have yielded no results (Attach evidence if any)
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7. THAT due to the respondent’s cruelty to the petitioner, the marriage between the two has broken
down.
8. THAT this matter arose in Entebbe municipality, Wakiso district which is within this court’s
jurisdiction.
other person connected in any way with the proceedings nor is your petitioner guilty of
condemnation.
a) Your petitioner be judicially separated from LUBOGO HENRY, the respondent
b) The petitioner be granted custody of the issue of the marriage
c) The respondent be ordered to pay a monthly maintaince for the child at a rate of UGX 1,000,000
per month.
d) The respondent be ordered to pay alimony to the petitioner at a rate of UGX1,000,000 per month
e) That the respondent pay the costs of and any other costs incidental to this petition.
f) Any further remedies as the court may deem fit.
PETITIONER
I, AKIROMO GRACE, certify that the statements above are true to the best of my knowledge,
information and belief.
PETITIONER
Drawn and filed by: before me
SUI GENERIS & CO ADVOCATES,
P.O BOX 7117, KAMPALA, COMMISSIONER FOR OATHS.UGANDA.
_________________________________________________________________
IN THE CHIEF MAGISTRATES COURT OF NAKAWA AT NAKAWA
ADOPTION PETITION NO. 299 OF 2011
AND
IN THE MATTER OF THE CHILDREN ACT, CAP. 59
AND
IN THE MATTER OF ADOPTION OF ………………….., KAMPALA DISTRICT
AND
IN THE MATTER OF A PETITION BY ………………
ADOPTION ORDER
THIS ADOPTION PETITION coming up for hearing this 7 th day of March, 2013 before HER
WORSHIP JOY KABAGYE BAHINGUZA, CHIEF MAGISTRATE in the presence of
…………………..Counsel for the Petitioner/Applicant and upon perusal of the pleadings and hearing of
Counsel, IT IS ORDERED that:-
Ruth Among in be and is hereby appointed the adoptive parent of …………………….
DATED at Kampala this 7th day of March, 2013.
GIVEN under my Hand and the Seal of this Honourable Court this ……. day of …………………..2013.
____________________
CHIEF MAGISTRATE
EXTRACTED BY:
Sui Generis & Co- Advocates
Plot 10 Clement Hill Road
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WORKSHOPS
BRIEF FACTS
Matovu Bosco and Monica Akiiki got married on 22nd December 2015 at the CAO’s office at Fort Portal
at 6.00pm without any witnesses and having not informed Monica’s parents. After the marriage, Bosco
who was 25 years discovered that Monica who had informed him that she was 19 years old was actually
on 5th May 1999. In September 2016 after Monica gave birth to twins, Bosco went to visit the twins, but
Monica’s parents insisted that he marries her customarily. Bosco agreed and in March 2017, together with
his parents, Bosco visited the home of Monica’s parents. The family of Monica demanded for a cow and
bull as bride price. Bosco paid shillings 2,000,000 being the cost of the cow. He had no money to pay for
the price of the bull. However, the parents of Monica allowed her to go stay with Bosco, her husband.
Soon after, in August 2017, Bosco lost his job, resorted to spending all his days and nights at church and
stopped providing for Monica and the twins. He stopped having sexual intercourse with her claiming that
he wants to remain “clean” awaiting the return of the Lord. In the meantime in August 2018, while
washing Bosco’s trousers, Monica found in the pockets a box of Wild Life Condoms. When Monica asked
Bosco about the condoms, he gave her a big slap and asked her to mind her own business. Monica is
frustrated and wants to leave the home. Bosco too wants the money he paid to Monica’s parents refunded
to him. He has identified one of the born again girls called Bulandina and wants to ask her hand in
marriage.
ISSUES;
1. What is the status of Bosco’s marriage?
2. Whether Bosco has any remedy?
3. What documents are needed for the above remedy?
4. What advice should be given to Monica who still wants to remain married to Bosco?
5. What documents are necessary for court proceedings?
6. What is the remedy for stopping the marriage between Monica and Peter
7. What is the procedure of obtaining the remedy?
LAW APPLICABLE
2. The marriage act cap 146
3. The Divorce act cap 144
4. The Customary Marriages(Registration) Act, Cap 143
5. The Uganda Registration Services Bureau Act Cap 210
6. The Judicature Act Cap 16
7. The Divorce Rules SI 144-1
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RESOLUTION;
1. ADVICE TO BOSCO MATOVU ON THE STATUS OF HIS MARRIAGES AND

REMEDIES IF ANY.
Marriage was defined by Lord Peasance in the case of HYDE VS HYDE (1866) LRPD
131 as a voluntary union for life of one man and one woman to the exclusion of the others.
Article 31(3) of the Constitution of the Republic of Uganda as amended provides that marriage
shall be entered into with the consent of the man and woman intending to get married.
Uganda’s legal pluralistic system recognizes multiple types of marriage, including civil, customary
and religious (Christian, Islamic and Hindu) marriages. While customary and Islamic marriages are
potentially polygynous, Christian, Hindu and civil marriages are monogamous and follow the
Common Law requirements laid out in the 1866 English case of Hyde v. Hyde
T HE 2015 CIVI L MARRIAGE

Civil marriages include marriage under the Marriage Act Cap 146 which can be solemnised in a
church or by a Chief Administrative officer/ Registrar of marriages. In order to contract a valid
marriage, the parties must possess the legal capacity to marry and must comply with certain
formalities: a failure in either respect renders the marriage void. The requirements of a civil marriage
are laid out in Section 10 of the Marriage Act as;
1. Residence.; One of the parties must have resided in the district where the marriage is to be
celebrated for at least fifteen days.
2. Age.
Each of the parties must be above 21 years of age and if below , consent of the parents must be sought.
This should however be reconciled with the Constitution of Uganda 1995 which provides for 18
years as the age of consent.
3. Parties should not be within the prohibited degrees of marriage.
4. None of the intended parties to the marriage should be in a subsisting marriage whether customary
or under the Marriage Act.
Notice.
of a church. section 9.
According to section 11.
The same notice is applicable to church marriage where banns will be announced for
three consecutive Sundays usually in the church where the marriage will take place.
Under S. 34(2)(c) A marriage shall be null and void if both parties knowingly and
wilfully acquiesce in its celebration without the registrar’s certificate of notice duly
issued.
There are procedural requirements

the marriage is celebrated must be licensed i.e. place of worship or
the office of the registrar. Sections, 4, 5 and 22 of the Marriage Act. The marriage must
be celebrated with open doors between 8:00am and 6:00pm in case of church marriage
under S. 20(2) and in case of Civil Marriage, between the hours of ten o’clock in the
forenoon and four o’clock in the afternoon, under S. 26 of the Act.
witnesses apart from the minister celebrating and there after filling of certificate.
Section 20(2) and 26.
In the current facts, the marriage that took place in 2015 is void ab initio because the
major requirement of age was not met. Monica was only 16 years and therefore a minor
who is not eligible for marriage. Further the marriage was celebrated secretly at 6;pm
at the office of the CAO. The facts do not show that Sections 6,
9 and 10 were complied with. The marriage was therefore a nullity for want of
registrar’s certificate of notice as per S. 34(2)(c) of the Marriage Act.
Possible remedy
Given that there was misrepresentation of the fact of age by Monica, Bosco can
petition for nullification of the marriage.
247 | P a g e
T HE 2016 CUSTOMARY MARRIAGE

Section 1(b) of the Customary Marriage Registration Act Cap 143 defines a
customary marriage as a marriage celebrated according to the rites of an African
community and one of the parties to which is a member of that community or any
marriage celebrated under Part 3 of the Act. This definition was further emphasised
in the case of Uganda V Kato & Others [1976] HCB 204.
In Uganda v Peter Kato and 3 others [1976] HCB 204, Ssekandi J as he was then, held that the
test of determining what a marriage is, under customary law, is whether the union is treated as a
Section 4(2) of the Customary Marriage (Registration) Act provides that customary marriages
are polygamous in nature.
In John Tom Kintu v Myllious Gafabusa Kintu High Court Divorce Appeal No. 135 of
1995 it was stated by Justice S.B. Bossa as she was then that, “…if a person married under customary
law continues to marry more wives under the same type of marriage, he doesn’t commit adultery
thereby [ the marriage is polygamous]. I think however, that the situation is different where the other
person involved is not legally married to that person under customary law. There the association
must be clearly adulterous.”
Article 37 of the 1995 Constitution provides that every person has a right as applicable to belong
to, enjoy, practice, profess, maintain and promote any culture, cultural institution, language,
tradition, creed or religion in community with others.
The Judicature Act Cap under S. 15 provides that customs or traditions will be applicable in so far
as they are is not repugnant to natural justice, equity and good conscience and not incompatible
either directly or by necessary implication with any written law.This was further emphasised in the
case of Kimani V Gikanga (1965) EA
735 Court held that customs that are repugnant to public policy or natural justice, equity and good
conscience would not be enforced.
The custom being relied on by a party in court must be established by them to the satisfaction of
court so that the Court may take judicial notice of it. In Ernest Kinyanjui Kimani v Muiru
Gikanga and another [1965] 1 EA 735, it was held that where African customary law is neither
notorious nor documented it must be established for the court’s guidance by the party intending to
rely on it and that as a matter of practice and convenience in civil cases the relevant customary law, if
it is incapable of being judicially noticed, should be proved by evidence or expert opinions adduced
by the parties. (Also refer to Halsbury’s Laws of England, 3 rd Edition, Vol. 15 – “Judicial notice
is taken of facts which are familiar to any judicial tribunal by virtue of their universal notoriety or
regular occurrence in the ordinary course of nature or business. As judges must bring to the
consideration of the questions they have to decide their knowledge of the common affairs of life, it
is not necessary on the trial of any action to give formal evidence of matters with which men of
ordinary intelligence are acquainted whether in general or to natural phenomenon.” And also
Mifumi (U) Ltd & another vs Attorney General & Another Constitutional appeal No. 2 of
2014 where the Court observed that, “It is not necessary to require that the custom should be
formally proved in court in order for the court to know it exists…”
Section 11 of the Customary Marriages Registration Act provides for the requirements of a
customary marriage as;
a) The female party has to be of or above 16 years of age (To be read together with the constitution).
b) The male party should have attained 18 years of age c) They should be of sound mind
d) The parties should not be within the prohibited degrees of kinship as laid out in the second
schedule.
In Uganda V Kato & Others (supra), Court observed that the test for determining whether there
is a customary marriage, the union is regarded as such by the customs of the tribe to which the parties
belong and that the parties must satisfy all the requirements of marriage under the customary laws of
that community. Bride price is also an essential element of customary marriage since it is a custom of
different tribes and it therefore validates a marriage. In Uganda v Eduku (1975) HCB
359 court held that since bride price had not been paid in full, there was no subsisting marriage.
In Nemezio Ayiiya Pet vs. Sabina Onzia Ayiiya HCCS No. 8/1973it was held that dowry is
essential in marriage in Uganda that it can be paid in instalments, but that until the last instalment is
paid, no valid customary marriage exists. It was emphasised that, a man and a woman cohabiting can
be regarded as husband and wife but marriage is not valid until ALL the dowry is paid.
In Mifumi (U) Ltd & another vs Attorney General & Another Constitutional appeal No. 2
of 2014 Although the Supreme Court abolished the traditional practice of refunding dowry
under customary divorce, the institution of bride wealth was left intact as an essential element of
customary marriages.
Dowry therefore is an essential ingredient of a valid customary marriage. The customary marriage
can thus be nullified on two grounds; one is failure to complete bride price and secondly Monica was
still below 18 years having been born in May 1999 yet the ceremony was in March 2017. It should
be further noted that the law does not allow conversion of civil marriage to customary marriage.
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S. 36 of the Marriage Act provides that any person who is married under this Act, or whose marriage
is declared by this Act to be valid, shall be incapable, during the continuance of that marriage, of
contracting a valid marriage under any customary law. Therefore, in any case where the first civil
marriage is found valid, the second customary marriage would still be invalid. However, Bosco
cannot demand for a refund of the bride price.
This was clearly discussed in the case of Mifumi (U) & 12 Others V Attorney General and
Kenneth Kakuru, the Supreme Court held that the custom and practise of demand and refund of
bride price as a condition precedent to a valid dissolution of a customary marriage is inconsistent
with Articles 2, 21(1) and 2, 31(1)(b); 31(3), 32(2), 33(1) and
33(4) of the constitution because it undermines the dignity and status of women.
Remedy.
The available remedy for Bosco is to petition court for nullification of the above
marriages. Both marriages were void for violating procedural requirements. In the first civil marriage,
Monica had no requisite age of 18 which is a violation of Article 31 of the Constitution, and as a
result, such marriage is void under Art 2 of the Constitution. The same marriage is void for want of
registrar’s certificate of notice which should be issued before celebration of the marriage. S. 34(2)(c)
declares such marriage as void.
The second customary marriage was invalid for failure to pay full bride price in accordance with
Toro customs. Also Monica still lacked the requisite age since she was
17 years and 10 months old. This is a violation of the Constitution. There is a difference between a
void and voidable marriage.
The distinction between void and voidable marriages is well brought out in the case of De Reneville
v De Reneville [1948] 1 ALLER 56, 60 CA. Lord Greene considered the essential distinction
between void and voidable marriage:
“The substance [of the distinction] may be expressed thus. A void marriage is one that will be
regarded by every court in any case in which the existence of the marriage is in issue as never having
taken place and can be so treated by both parties to it without the necessity of any decree annulling
it. A voidable marriage is one that will be regarded by every court as a valid subsisting marriage until
a decree annulling it has been pronounced by a court of competent jurisdiction.”
Technically, a void marriage is void even if it has never been declared to be so by a court, whereas a
voidable marriage is valid from the date of the marriage until the court makes an order. That said, a
party who believes his or her marriage to be void would normally seek a court order to confirm this
to be so. This avoids any doubts over the validity of the marriage and also permits the parties to apply
for court orders relating to their financial affairs.
Re Roberts (deceased) [1978] 3 All ER 225
Walton J; if one can show that a ceremony is void, that does not need the pronouncement of the
court to establish that fact. It may be highly desirable that the court should so pronounce and,
indeed, one would be very slow, as a practical matter, normally in relying on such a position without
the decree of the court. But if something is void, void it is: the court is then doing no more than
pronounce a blinding glimpse of the obvious at the end of the day.
Since the above marriages are void, Bosco should petition Court for a decree of nullity. It is after that
decree, that Bosco can now legally marry Bulandina
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IN THE HIGH COURT OF UGANDA AT FORT PORTAL FAMILY DIVISION
MATOVU BOSCO....................................PETITIONER VERSUS
AKIIKI MONICA.......................................RESPONDENT
PETITION FOR NULLITY (Under The Marriage Act Cap 251)
1. The petitioner is an adult male Ugandan of sound mind and the petitioner’s address for purposes
of this petition is Kiketo and Company Advocates P.O BOX 2112 Kampala.
2. The respondent is a female adult Ugandan of sound mind resident at Nyakasura, Fortportral and
the petitioner’s advocates undertake to effect court process on him/her.
3. The petitioner and the respondent are domiciled in Uganda.
4. That on 22nd December 2015 the petitioner contracted a civil marriage with the respondent at
the office of the CAO at Fort Portal.(attached is a marriage certificate marked Annexture A)
5. That the respondent lacked capacity to enter such a marriage as she was 16 years which is below
the age of consent.
6. That no registrar’s certificate of notice was issued nor prior consent of the parents sought before
the marriage as envisaged by the Marriage Act
7. That the marriage was contracted between the petitioner and respondent without any person to
witness the marriage centrally to the Marriage Act.
8. That the civil marriage was conducted after the hour of 4’Oclock contrary to
the Marriage Act.
9. That the said civil marriage was therefore null and void for contravening the
Constitution and the Marriage Act.
10. That in March 2017 the petitioner contracted a customary marriage with the respondent in
accordance with Toro customs.
11. That the Customary Marriage conducted in March 2017 is invalid as the petitioner did not pay
the full bride price requested.
12. That the customary marriages is invalid since the respondent had not yet
attained the age of consent having been born in May 1999.

13. That this matter arises within the jurisdiction of this honourable court.
WHEREFORE the petitioner prays for;
1. That the said marriages between the petitioner and the respondent be nullified.
2. That the parties pay their own costs
Dated at Kampala this 27th day of October 2018
VERIFICATION
..............................................
Petitioner
Before me commissioner for oath .................................... Drawn and filed by;
Kiketo and Co Advocates
PO.BOX 2112
KAMPALA.
SUMMARY OF EVIDENCE
The petitioner will adduce evidence to show that the alleged civil and customary marriages are not
valid reason of below age or no capacity to contract, no notice was given, no witnesses and also bride
price was not completed.
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LIST OF WITNESSES
1. Matovu Bosco
2. Other witnesses with leave of court
LIST OF AUTHORITIES
1. The Constitution 1995
LIST OF DOCUMENTS
1. The Marriage Certificate
2. Other documents with leave of court

To: Akiiki Monica
WHEREAS the petitioner has petitioned this court for a decree of nullity of marriage; YOU ARE
hereby summoned to file an answer to the petition in this court within 15 days from the date of
service of summons.
AND TAKE FURTHER NOTICE that in default of doing so, the petition will be heard and
determined in your absence.
...................................... REGISTRAR
Part C.
Assume that instead of the customary marriage, Bosco and Monica underwent a Church marriage
at All Saints Cathedral, Viirika after following all the necessary procedures. That despite all the
problems Monica still wants to remain married to Bosco. She wants him to resume looking after the
home and having sexual intercourse with him.
What advice would you give her?
I would advise her to try mediation with the husband. Mediation is an alternative method of dispute
resolution other than instituting a suit. It involves a third party called the mediator intervening to
help the two conflicting parties reach an agreement. In marriage proceedings, mediation is
encouraged before parties proceed to court in order to give parties a chance to resolve the matter
255 | P a g e
amicably and preserve the sanctity of marriage as an institution. Under Rule 5 of the
Judicature(mediation) rules, mediation is compulsory before intending litigants proceed to trial.
Restitution of conjugal rights.
Where mediation has failed, I would advise Monica petition court for the restitution of conjugal
rights under Section 20(1) and (2) of The Divorce Act Cap 144. Under this provision court has the
power to decree that a husband or wife who has unreasonably withdrawn from intercourse with the
spouse to be ordered to resume the same.
In Aremezi vs Rideway [1949] ALL ER 664 it was stated by Hilburg J. that;
“I am quite sure that no young woman when she accepts a proposal of marriage and a contract is
formed could be satisfied if she were told that all the Youngman is undertaking by promise is to go
through a form of ceremony with her. What the parties intend is an exchange of mutual promises
to become another’s spouse that is husband and wife and all that it should entail”
The withdrawal of conjugal rights must be unreasonable and the other party must have no defence.
However it is important to note that a court can not order specific performance apparently because
you can‘t supervise people having sex or coerce them into the same.
Each partner has a right to reasonable sexual intercourse with the other: this does not entitle a
husband (or a wife) to have intercourse by force, but unreasonable refusal (or demands
unreasonable in their frequency or nature) could well be grounds for annulment or divorce.
However, the successful party is not entitled to use extra judicial means to enforce his
/her rights. In R vs Jackson, (1896) 1 QR 671, where a husband obtained the decree nisi for
restitution of conjugal rights and his wife refused to comply. He then abducted her and confined
her in a house. Court held that not withstanding her refusal to live in the same house with him, the
husband was not entitled to keep her in confinement for the purpose of enforcing the decree for
restitution by her of his conjugal rights. Court granted her an order for habeaus corpus to secure
her release.
In the present case, Bosco stopped having sexual intercourse with Monica claiming that
he wants to remain “clean” awaiting the return of the Lord.
Such withdrawal is unreasonable. Monica can therefore seek restitution of conjugal rights.
Maintenance rights.
There is no statutory provision relating to the duty and a right to maintenance of spouses, however,
under common law the husband has to duty to maintain his wife. However, S. 76 of the Children
Act provides for maintenance order given by court to one of the parties
In Edith Nakiyingi Vs Meleki Zadeki (1978) HCB 107, court recognized that the right to
maintenance in marriage includes the duty of the husband to maintain his wife.
However the right to maintain a wife in particular is founded in common law and is limited to
necessities. This was observed in the case of Carlott v Harsh.
The wife has a right to occupy the matrimonial home and be provided with necessaries of life and
where this isn‘t done, the wife can exercise what under common law is called the Deserted wife’s
Equity, which means that the wife may insist on remaining in the matrimonial home if she has been
deserted by the husband.
In Uganda statutory law does not create a right of a wife to seek maintenance order where the
marriage is still ongoing. However Article 139 of the constitution, Judicature Act Cap 16 section
14, Civil Procedure Act Cap 282 section 98 and Magistrate Courts Act Cap 16 section 10 provides
courts with jurisdiction to use its inherent powers and grant a suitable remedy. Courts may apply
doctrines of common law and equity in ensuring there is maintenance between the husband and
the wife.
Monica should therefore petition the court for an order of maintenance. ii. DOCUMENTS
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Summons;
IN THE CHIEF MAGISTRATES COURT AT FORT PORTAL
AKIIKI MONICA ..................................................... PETITIONER VERSUS
MATOVU BOSCO .................................................... RESPONDENT
SUMMONS TO FILE A RESPONSE
WHEREAS the above named Petitioner has instituted a suit against you upon the
claim, the particulars of which are set out in the copy of the Petition attached hereto.
YOU ARE HEREBY required to file a response in the said suit within 15days from the date of
service of summons on you in the manner prescribed under Order 9 rule
1 of the Civil Procedure Rules S.I 71-1. (As described overleaf)
SHOULD YOU FAIL to file a response on or before the date mentioned, the
Petitioner may proceed with the said suit and judgement may be given in your absence.
GIVEN UNDER my hand and the seal of the Court this 29th day of October 2018
at
Kampala.
(REGISTRAR)
PETITION
IN THE CHIEF MAGISTRATES COURT AT FORT PORTAL MATRIMONIAL

CAUSE NO:……………………OF 20………………. AKIIKI MONICA PETITIONER VERSUS
MATOVU BOSCO RESPONDENT
PETITION FOR MAITENENCE ORDER AND RESTITUTION OF CONJUGAL

RIGHTS
(Under S.20 Divorce Act, Cap 144)
1. The petitioner is a female of sound mind residing at Nyakasura, Fort Portal and the petitioner’s
address for purposes of this petition is c/o SUI GENERIS Company Advocates, P.O. Box 7117,
Kampala.
2. The respondent is male Ugandan believed to be of sound mind and the
petitioner’s advocate’s undertake to effect court process on him.
3. The petitioner and the respondent are both Africans domiciled in Uganda.
4. That on the ……day of ……….20……..went through a valid church marriage ceremony with ………in
accordance the Marriage Act.
5. That during the subsistence of the said marriage the respondent stopped looking after the home
and having sexual intercourse with the petitioner.
6. That this cause of action arose at Nyakasura, Fort portal within the jurisdiction of this honorable
court.
7. Wherefore the petitioner prays for orders:
(a) For the resumption of looking after the home; (b) For restitution of conjugal rights.
DATED at Fort Portal this …………………….day of……………………………………….20………
PETITIONER
BEFORE ME:
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VERIFICATION
I, Akiiki Monica certify that the statements above are true to the best of my knowledge and belief.
DATED at Fort Portal this ……………………..day of
……………………………………..20…………………….
…………………………………………..
PETITIONER

SUMMARY OF EVIDENCE
The petitioner shall adduce evidence to show that the petitioner is legally married to the respondent
and that as a result of the said marriage they have two children. That on various occasions, the
respondent has committed desertion and treated the petitioner with cruelty thus putting her under
mental distress.
LIST OF WITNESSES:
1. Parents of the petitioner
2. Priest who officiated the marriage
3. Local Council 1 Chairman
LIST OF DOCUMENTS:
OBJECTION MY LORD.
1. Constitution of the Republic of Uganda 1995
3. Divorce Act, 249
4. Marriage Certificate
DATED this…………………………………..day of……………………..20……….
PETITIONER
Maintenance summons;
IN THE HIGH COURT OF UGANDA
AT FORT PORTAL
AKIIKI MONICA .......................................... APPLICANT
VERSUS
MATOVU BOSCO.................................................RESPONDENT
MAINTENANCE SUMMONS
WHEREAS AN APPLICATION has been made by the above named applicant residing
in Nyakasura, Fort Portal for the issue of a summons seeking a maintenance order against
against you on grounds THAT YOU, the above named respondent residing in
Nyakasura, Fort Portal, being the spouse of the said applicant, HAVE FAILED TO
PROVIDE MAINTENANCE as is proper in the circumstances of the said applicant and
the defendant children of the family, namely;
1• BABIRYE MATOVU born in September 2016

2• NAKATO MATOVU born in September 2016
under the age of 18 years.
THIS IS TO COMMAND YOU the respondent to appear at the sitting of The
High Court circuit in Fort Portal, Kabarole District to be held on the ...... day of
...........2018 at......... a.m./ p.m. on the hearing of the said application for a maintenance
order.
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DR. LUBOGO ISAAC CHRISTOPHER
Dated this ...... day of ........... 2018

Signed :
(District Court Clerk)
To : MATOVU BOSCO
Of : Nyakasura, Fort Portal
(Respondent)
a) Supposing that Bosco pays the full bride price, however his demands for sexual
intercourse become to frequent and Monica cannot take it any longer. She is always
uncomfortable to go back home because she knows that as soon as she gets home, Bosco
immediately demands for sexual intercourse. As a result of this frustration, Monica
confides in Peter Seko, her workmate and good friend. Peter, who secretly admired
Monica, advised her that she should leave Bosco and instead marry him. Indeed she ran
away from Bosco and started living with Peter. They started wedding plans and the first
church banns have been read. Bosco has learnt of this development and needs advice.
Moreso he has learnt that Monica and Peter are first cousins.
(i) Advise Bosco on any remedy that he has.
Bosco’s remedy is to lodge a caveat against the intended marriage.

Under S.13 of the Act, if a person has an objection to the marriage, he or she may enter a
caveat against the issue of the Registrar’s certificate by writing at any time before the issue,
the word “Forbidden” opposite the entry of the Notice in the Marriage Notice Book. The
caveat should indicate particulars of the person objecting to the marriage and the grounds.
When a caveat has been lodged a registrar forwards a matter to court for reviewing. Under
Section 14 of the Marriage Act Cap 251, it is High Court to make a ruling, which should
be final. Under Section 15 of the Marriage Act Cap 251, if there are no valid grounds for
caveat, a Courts Orders cancellation of a caveat and also award compensation for damages
and costs under section 16 of the Marriage Act Cap 251.
The caveator must have reasons for stopping the marriage.

In the Matter of the marriage of Alfred Nderi & Charity Kamweru
A man gave notice of his intention to marry a lady and a caveat was then placed by the
Respondent claiming that the man was already married to the Respondent and therefore
had no capacity to contract the intended marriage. It was held that the common knowledge
that Nderi had in fact been married to both women under Kikuyu Customary Law while
one of the marriages had been dissolved the other one had not. It was held that the registrar
should therefore not issue the certificate of marriage because Nderi did not have capacity
to marry under statutory law.
OBJECTION MY LORD.
In the present case, Bosco having paid the full bride price, means there is a valid subsisting customary
marriage between him and Monica. The law prohibits parties from contracting a civil or church marriage
where one of the parties is customarily married to another person. S. 10(1) (d) prohibits the registrar from
issuing a certificate until he or she has been satisfied by affidavit that neither of the parties to the intended
marriage is married by customary law to any person other that
the person with whom such marriage is proposed to be contracted.
S. 34(1) of the Marriage Act invalidates a marriage where either of the parties to it at the time of the
celebration of the marriage is married by customary law to any person other than the person with whom
the marriage is had. Since Bosco is validly customarily married to Monica, she can’t contract a subsequent
marriage with Peter. This is a ground for lodging a caveat.
The facts show that Monica and Peter are first cousins. The law prohibits marriage between persons who
are closely related. S. 10(1)(c) prohibits the registrar from issuing a certificate where there is an impediment
of kindred or affinity. S. 34(1) declares a marriage void on grounds of kindred or affinity. Further S.
12(1)(b) of the Divorce Act provides for nullification of marriage where the parties are within the
prohibited degrees of consanguinity, whether natural or legal, or affinity.
Under the Second Schedule of the Customary Marriage Registration Act, first cousins are within the
prohibited degrees of consanguinity.
Sottomayer, otherwise De Barros v De Barros No. 2 (1879) 5 PD 94
The petitioner and the respondent were domiciled in Portugal and first cousins to each
other. They contracted a marriage in England but returned to Portugal, their domicil. By law of Portugal
a marriage between first cousins was illegal as being incestuous, but maybe celebrated under papal
dispensation,
Held; the parties being by the law of the country of their domicil under a personal disability to contract
marriage, their marriage was null and void. Though such marriage was valid in England.
Therefore, since the marriage between first cousins is prohibited by law, Bosco can also lodge a caveat. The
intended marriage is a church marriage which falls under the Marriage Cat Cap 251. A caveat should be
lodged under S. 13 of the Act.
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Sometimes the role of the registrar is played by a church minister in case of a church marriage. The caveat
should be lodged in the marriage register book where the bans of marriage are read.
ii) Outline the procedure to fulfil the remedy in (i) above.
a. Write to the registrar of marriages forbidding the marriage./church minister
(lodging a caveat)
b. The word “Forbidden” is written opposite to the entry of the notice in the
Marriage Notice Book./marriage register book where the church bans are read.
c. Append to the word, name and place of abode, and the grounds of forbidding issue of certificate.
d. The registrar refers the matter to the High Court
e. The caveator and the Parties to the intended marriage are summoned f. The case is heard and determined
in a summary way.
g. The decision of the High Court shall be final.
CAVEAT FORBIDDING MARRIAGE THE REPUBLIC OF UGANDA
IN THE MATER OF THE MARRIAGE ACT CAP 146
AND
IN THE MATTER OF A CAVEAT FORBIDDING SOLEMNISATION OF A MARRIAGE
TO: THE REGISTRAR OF MARRIAGES AT FORT PORTAL
TAKE NOTICE THAT I, Bosco being the husband to Monica who intends to get married at All Saints
Cathedral, Viirika on ………………………… do hereby forbid the marriage (solemnisation) on grounds that:
1. That Monica is already married to me Customarily.
2. That Monica and Peter are within the prohibited degrees of consanguinity as first cousins.
My address for service for purposes of this caveat is Kiketo and Co. Advocates Po. Box 7117, Kampala
DATED at Kampala this 28th day of October 2018. SIGNED by the said
OBJECTION MY LORD.
CAVEATOR
BEFORE ME
COMMISIONER FOR OATHS
(Pursuant to S. 13 of the Marriage Act Cap 146)
I Bosco do hereby solemnly declare and state on oath that the above is true and correct information of the
And I make this solemn declaration consciously believing the same to be true in accordance with the
Statutory Declaration Act Cap 22.
Dated at Kampala this 28th day of October, 2018
Signature of declarant
Declared on this 28th day of October, 2018 at Kampala
……………………………………….
DEPONENT
BEFORE ME;
…………………………………..
265 | P a g e
WORKSHOP TWO
BRIEF FACTS.
washing
Bosco’s trousers, Monica found in the pockets a box of Wild Life Condoms. When Monica asked Bosco
about the condoms, he gave her a big slap and asked her to mind her own business. Monica is frustrated
and wants to leave the home.
Bosco too wants the money he paid to Monica’s parents refunded to him. He has identified one of the
born again girls called Bulandina and wants to ask her hand in marriage.
ISSUES;
What is the status of Bosco’s marriage?
Whether Bosco has any remedy?
What documents are needed for the above remedy?
What advice should be given to Monica who still wants to remain married to Bosco?
What documents are necessary for court proceedings?

OBJECTION MY LORD.
What is the remedy for stopping the marriage between Monica and Peter
What is the procedure of obtaining the remedy?
LAW APPLICABLE
The Constitution of the Republic of Uganda 1995
The marriage act cap 146
The Divorce act cap 144
The Customary Marriages(Registration) Act, Cap 143
The Uganda Registration Services Bureau Act Cap 210
The Divorce Rules SI 144-1
RESOLUTION;

REMEDIES IF ANY.
Article 31(3) of the Constitution of the Republic of Uganda as amended provides that marriage shall
be entered into with the consent of the man and woman intending to get married.
Uganda’s legal pluralistic system recognizes multiple types of marriage, including civil, customary and
religious (Christian, Islamic and Hindu) marriages. While customary and Islamic marriages are potentially
polygynous, Christian, Hindu and civil marriages are monogamous and follow the Common Law
requirements laid out in the 1866 English case of Hyde v. Hyde
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The 2015 civil marriage
Civil marriages include marriage under the Marriage Act Cap 146 which can be solemnised in a church or
by a Chief Administrative officer/ Registrar of marriages.
In order to contract a valid marriage, the parties must possess the legal capacity to marry and must comply
with certain formalities: a failure in either respect renders the marriage void.
The requirements of a civil marriage are laid out in Section 10 of the Marriage Act as;
Residence.; One of the parties must have resided in the district where the marriage is to be celebrated for
atleast fifteen days.
Age.
Each of the parties must be above 21 years of age and if below , consent of the parents must be sought.
This should however be reconciled with the Constitution of Uganda 1995 which provides for 18 years as
the age of consent.
Parties should not be within the prohibited degrees of marriage.
None of the intended parties to the marriage should be in a subsisting marriage whether customary or
under the Marriage Act.
Notice.
of a church.
section 9.
OBJECTION MY LORD.
according to section 11.
The same notice is applicable to church marriage where banns will be announced for three consecutive
Sundays usually in the church where the marriage will take place.
Under S. 34(2)(c) A marriage shall be null and void if both parties knowingly and wilfully acquiesce in its
celebration without the registrar’s certificate of notice duly issued.
There are procedural requirements the marriage is celebrated must be licensed i.e. place of worship or
the office of the registrar. Sections, 4, 5 and 22 of the Marriage Act.
Marriage should be celebrated with open doors between 8:00am and 6:00pm in case of church marriage
under S. 20(2) and in case of Civil Marriage, between the hours of ten o’clock in the forenoon and four
o’clock in the afternoon, under S. 26 of the Act. witnesses apart from the minister celebrating and there
after filling of certificate. Section 20(2) and 26.
In the current facts, the marriage that took place in 2015 is void ab initio because the major requirement
of age was not met. Monica was only 16 years and therefore a minor who is not eligible for marriage.
Further the marriage was celebrated secretly at 6;pm at the office of the CAO. The facts do not show that
Sections 6, 9 and 10 were complied with. The marriage was therefore a nullity for want of registrar’s
certificate of notice as per S. 34(2)(c) of the Marriage Act.
P OS SIBLE REMEDY
Given that there was misrepresentation of the fact of age by Monica, Bosco can petition for nullification
of the marriage.
The 2016 customary marriage
Section 1(b) of the Customary Marriages Registration Act Cap 143 defines a customary marriage
as a marriage celebrated according to the rites of an African community and one of the parties to which is
a member of that community or any marriage celebrated under Part 3 of the Act. This definition was
further emphasised in the case of Uganda V Kato & Others [1976] HCB 204.
In Uganda v Peter Kato and 3 others [1976] HCB 204, Ssekandi J as he was then, held that the test
of determining what a marriage is, under customary law, is whether the union is treated as a marriage by
269 | P a g e
the laws or customs of the nation, race or sect to which the parties belong. Section 4(2) of the Customary
Marriage (Registration) Act provides that customary marriages are polygamous in nature.
In John Tom Kintu v Myllious Gafabusa Kintu High Court Divorce Appeal No. 135 of 1995 it
was stated by Justice S.B. Bossa as she was then that, “…if a person married under customary law continues
to marry more wives under the same type of marriage, he doesn’t commit adultery thereby [ the marriage
is polygamous]. I think however, that the situation is different where the other person involved is not
legally married to that person under customary law. There the association must be clearly adulterous.”
Article 37 of the 1995 Constitution provides that every person has a right as applicable to belong to,
enjoy, practice, profess, maintain and promote any culture, cultural institution, language, tradition, creed
or religion in community with others.
The Judicature Act Cap under S. 15 provides that customs or traditions will be applicable in so far as they
are is not repugnant to natural justice, equity and good conscience and not incompatible either directly or
by necessary implication with any written law. This was further emphasised in the case of Kimani V
Gikanga (1965) EA 735 Court held that customs that are repugnant to public policy or natural justice,
equity and good conscience would not be enforced.
The custom being relied on by a party in court must be established by them to the satisfaction of court so
that the Court may take judicial notice of it. In Ernest Kinyanjui Kimani v Muiru Gikanga and
another [1965] 1 EA 735, it was held that where African customary law is neither notorious nor
documented it must be established for the court’s guidance by the party intending to rely on it and that as
a matter of practice and convenience in civil cases the relevant customary law, if it is incapable of being
judicially noticed, should be proved by evidence or expert opinions adduced by the parties. (Also refer to
Halsbury’s Laws of England, 3 rd Edition, Vol. 15 – “Judicial notice is taken of facts which are
familiar to any judicial tribunal by virtue of their universal notoriety or regular occurrence in the ordinary
course of nature or business. As judges must bring to the consideration of the questions they have to decide
their knowledge of the common affairs of life, it is not necessary on the trial of any action to give formal
evidence of matters with which men of ordinary intelligence are acquainted whether in general or to
natural phenomenon.” And also Mifumi (U) Ltd & another vs Attorney General & Another
Constitutional appeal No. 2 of 2014 where the Court observed that, “It is not necessary to require that
the custom should be formally proved in court in order for the court to know it exists…”
The female party has to be of or above 16 years of age (To be read together with the constitution).
The male party should have attained 18 years of age

OBJECTION MY LORD.
They should be of sound mind
The parties should not be within the prohibited degrees of kinship as laid out in the second schedule.
In Uganda V Kato & Others (supra), Court observed that the test for determining whether there is a
customary marriage, the union is regarded as such by the customs of the tribe to which the parties belong
and that the parties must satisfy all the requirements of marriage under the customary laws of that
community.
Bride price is also an essential element of customary marriage since it is a custom of different tribes and it
therefore validates a marriage. In Uganda v Eduku (1975) HCB 359 court held that since bride price
had not been paid in full, there was no subsisting marriage.
In Nemezio Ayiiya Pet vs. Sabina Onzia Ayiiya HCCS No. 8/1973it was held that dowry is essential
in marriage in Uganda that it can be paid in instalments, but that until the last instalment is paid, no valid
customary marriage exists. It was emphasised that, a man and a woman cohabiting can be regarded as
husband and wife but marriage is not valid until ALL the dowry is paid.
In Mifumi (U) Ltd & another vs Attorney General & Another Constitutional appeal No. 2 of
2014 Although the Supreme Court abolished the traditional practice of refunding dowry under
customary divorce, the institution of bride wealth was left intact as an essential element of customary
marriages
Dowry therefore is an essential ingredient of a valid customary marriage.
The customary marriage can thus be nullified on two grounds; one is failure to complete bride price and
secondly Monica was still below 18 years having been born in May 1999 yet the ceremony was in March
2017.
It should be further noted that the law does not allow conversion of civil marriage to customary marriage.
271 | P a g e
S. 36 of the Marriage Act provides that any person who is married under this Act, or whose marriage is
declared by this Act to be valid, shall be incapable, during the continuance of that marriage, of contracting
a valid marriage under any customary law.
Therefore, in any case where the first civil marriage is found valid, the second customary marriage would
still be invalid.
However, Bosco cannot demand for a refund of the bride price.
This was clearly discussed in the case of Mifumi (U) & 12 Others V Attorney General and Kenneth
Kakuru, the Supreme Court held that the custom and practise of demand and refund of bride price as a
condition precedent to a valid dissolution of a customary marriage is inconsistent with Articles 2, 21(1)
and 2, 31(1)(b); 31(3), 32(2), 33(1) and 33(4) of the constitution because it undermines the dignity and
status of women.
Remedy.
The available remedy for Bosco is to petition court for nullification of the above marriages.
Both marriages were void for violating procedural requirements. In the first civil marriage, Monica had no
requisite age of 18 which is a violation of Article 31 of the Constitution, and as a result, such marriage is
void under Art 2 of the Constitution. The same marriage is void for want of registrar’s certificate of notice
which should be issued before celebration of the marriage. S. 34(2)(c) declares such marriage as void.
The second customary marriage was invalid for failure to pay full bride price in accordance with Toro
customs. Also Monica still lacked the requisite age since she was 17 years and 10 months old. This is a
violation of the Constitution.
There is a difference between a void and voidable marriage.
The distinction between void and voidable marriages is well brought out in the case of De Reneville v
De Reneville [1948] 1 ALLER 56, 60 CA. Lord Greene considered the essential distinction between
void and voidable marriage:
“The substance [of the distinction] may be expressed thus. A void marriage is one that will be regarded by
every court in any case in which the existence of the marriage is in issue as never having taken place and
OBJECTION MY LORD.
can be so treated by both parties to it without the necessity of any decree annulling it. A voidable marriage
is one that will be regarded by every court as a valid subsisting marriage until a decree annulling it has been
pronounced by a court of competent jurisdiction.”
Technically, a void marriage is void even if it has never been declared to be so by a court, whereas a voidable
marriage is valid from the date of the marriage until the court makes an order. That said, a party who
believes his or her marriage to be void would normally seek a court order to confirm this to be so. This
avoids any doubts over the validity of the marriage and also permits the parties to apply for court orders
relating to their financial affairs.
Walton J; if one can show that a ceremony is void, that does not need the pronouncement of the court
to establish that fact. It may be highly desirable that the court should so pronounce and, indeed, one would
be very slow, as a practical matter, normally in relying on such a position without the decree of the court.
But if something is void, void it is: the court is then doing no more than pronounce a blinding glimpse of
the obvious at the end of the day.
decree, that Bosco can now legally marry Bulandina.
IN THE HIGH COURT OF UGANDA AT FORT PORTAL
FAMILY DIVISION
MATOVU BOSCO....................................PETITIONER
VERSUS
PETITION FOR NULLITY
(Under The Marriage Act Cap 146)
273 | P a g e
The petitioner is an adult male Ugandan of sound mind and the petitioner’s address for purposes of this
petition is Kiketo and Company Advocates P.O BOX 2112 Kampala.
The respondent is a female adult Ugandan of sound mind resident at
Nyakasura, Fortportral and the petitioner’s advocates undertake to effect court process on him/her.
The petitioner and the respondent are domiciled in Uganda.
That on 22nd December 2015 the petitioner contracted a civil marriage with the respondent at the office
of the CAO at Fort Portal.(attached is a marriage certificate marked Annexture A)
That the respondent lacked capacity to enter such a marriage as she was 16 years which is below the age of
consent.
That no registrar’s certificate of notice was issued nor prior consent of the parents sought before the
marriage as envisaged by the Marriage Act
That the marriage was contracted between the petitioner and respondent without any person to witness
the marriage centrally to the Marriage Act.
That the civil marriage was conducted after the hour of 4’Oclock contrary to the Marriage Act.
That the said civil marriage was therefore null and void for contravening the Constitution and the
Marriage Act.
That in March 2017 the petitioner contracted a customary marriage with the respondent in accordance
with Toro customs.
That the Customary Marriage conducted in March 2017 is invalid as the petitioner did not pay the full
bride price requested.
That the customary marriages is invalid since the respondent had not yet attained the age of consent having
been born in May 1999.
That this matter arises within the jurisdiction of this honourable court.
That the said marriages between the petitioner and the respondent be nullified.
That the parties pay their own costs
VERIFICATION
OBJECTION MY LORD.
..............................................
Petitioner
Before me commissioner for oath ....................................
Drawn and filed by;
SUI GENERIS & CO. Advocates
PO.BOX 2112 KAMPALA.
FAMILY DIVISION
SUMMARY OF EVIDENCE
The petitioner will adduce evidence to show that the alleged civil and customary marriages are not valid
reason of below age or no capacity to contract, no notice was given, no witnesses and also bride price was
not completed.
LIST OF WITNESSES
Matovu Bosco
Other witnesses with leave of court
LIST OF AUTHORITIES
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LIST OF DOCUMENTS
Other documents with leave of court
FAMILY DIVISION
To: Akiiki Monica
WHEREAS the petitioner has petitioned this court for a decree of nullity of marriage; YOU ARE hereby
summoned to file an answer to the petition in this court within 15 days from the date of service of
summons.
in your absence.
......................................
REGISTRAR
OBJECTION MY LORD.
WORKSHOP 1(C)(I)
Assume that instead of the customary marriage, Bosco and Monica underwent a Church marriage at All
Saints Cathedral, Viirika after following all the necessary procedures. That despite all the problems
Monica still wants to remain married to Bosco. She wants him to resume looking after the home and
having sexual intercourse with him.
resolution other than instituting a suit. It involves a third party called the mediator intervening to help the
two conflicting parties reach an agreement. In marriage proceedings, mediation is encouraged before
parties proceed to court in order to give parties a chance to resolve the matter amicably and preserve the
sanctity of marriage as an institution. Under Rule 5 of the Judicature(mediation) rules, mediation is
compulsory before intending litigants proceed to trial.
R ESTITUTION OF CONJUG AL RIG HTS .
Where mediation has failed, I would advise Monica petition court for the restitution of conjugal rights
under Section 20(1) and (2) of The Divorce Act Cap 144. Under this provision court has the power to
decree that a husband or wife who has unreasonably withdrawn from intercourse with the spouse to be
ordered to resume the same.
“I am quite sure that no young woman when she accepts a proposal of marriage and a contract is formed
could be satisfied if she were told that all the Youngman is undertaking by promise is to go through a form
of ceremony with her. What the parties intend is an exchange of mutual promises to become another’s
spouse that is husband and wife and all that it should entail”
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However it is important to note that a court can not order specific performance apparently because you
can‘t supervise people having sex or coerce them into the same.
husband (or a wife) to have intercourse by force, but unreasonable refusal (or demands unreasonable in
their frequency or nature) could well be grounds for annulment or divorce.
However, the successful party is not entitled to use extra judicial means to enforce his /her rights. In R vs
Jackson, (1896) 1 QR 671, where a husband obtained the decree nisi for restitution of conjugal rights
and his wife refused to comply. He then abducted her and confined her in a house. Court held that not
withstanding her refusal to live in the same house with him, the husband was not entitled to keep her in
confinement for the purpose of enforcing the decree for restitution by her of his conjugal rights. Court
granted her an order for habeaus corpus to secure her release.
In the present case, Bosco stopped having sexual intercourse with Monica claiming that he wants to
remain “clean” awaiting the return of the Lord.
M AINTENANCE RIGHTS .
There is no statutory provision relating to the duty and a right to maintenance of spouses, however, under
common law the husband has to duty to maintain his wife. However, S. 76 of the Children Act provides
for maintenance order given by court to one of the parties
In Edith Nakiyingi Vs Meleki Zadeki (1978) HCB 107, court recognized that the right to maintenance
in marriage includes the duty of the husband to maintain his wife.
However the right to maintain a wife in particular is founded in common law and is limited to necessities.
This was observed in the case of Carlott v Harsh.
The wife has a right to occupy the matrimonial home and be provided with necessaries of life and where
this isn‘t done, the wife can exercise what under common law is called the Deserted wife’s Equity, which
OBJECTION MY LORD.
means that the wife may insist on remaining in the matrimonial home if she has been deserted by the
husband.
In Uganda statutory law does not create a right of a wife to seek maintenance order where the marriage is
still ongoing. However Article 139 of the constitution, Judicature Act Cap 16 section 14, Civil Procedure
Act Cap 282 section 98 and Magistrate Courts Act Cap 16 section 10 provides courts with jurisdiction to
use its inherent powers and grant a suitable remedy. Courts may apply doctrines of common law and
equity in ensuring there is maintenance between the husband and the wife.
Monica should therefore petition the court for an order of maintenance.
II. DOCUMENTS
Summons;
WHEREAS the above named Petitioner has instituted a suit against you upon the claim, the particulars
of which are set out in the copy of the Petition attached hereto.
YOU ARE HEREBY required to file a response in the said suit within 15days from the date of service
of summons on you in the manner prescribed under Order 9 rule 1 of the Civil Procedure Rules S.I 282-
1. (As described overleaf)
SHOULD YOU FAIL to file a response on or before the date mentioned, the Petitioner may proceed
with the said suit and judgement may be given in your absence.
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GIVEN UNDER my hand and the seal of the Court this 29th day of October 2018 at
Kampala.
______________________
(REGISTRAR)
PETITION
MATRIMONIAL CAUSE NO:……………………OF 20……………….
AKIIKI MONICA PETITIONER
VERSUS
PETITION FOR MAITENENCE ORDER AND RESTITUTION OF CONJUGAL RIGHTS
The petitioner is a female of sound mind residing at Nyakasura, Fort Portal and the petitioner’s address
for purposes of this petition is c/o SUI GENERIS Company Advocates, P.O. Box 7117, Kampala.
The respondent is male Ugandan believed to be of sound mind and the petitioner’s advocate’s undertake
to effect court process on him.
The petitioner and the respondent are both Africans domiciled in Uganda.
That on the ……day of ……….20……..went through a valid church marriage ceremony with ………in
That during the subsistence of the said marriage the respondent stopped looking after the home and
having sexual intercourse with the petitioner.
That this cause of action arose at Nyakasura, Fort portal within the jurisdiction of this honorable court.
OBJECTION MY LORD.
Wherefore the petitioner prays for orders: (a) For the resumption of looking after the home; (b) For
restitution of conjugal rights.
DATED at Fort Portal this …………………….day
of……………………………………….20………
____________________________________
PETITIONER
BEFORE ME:
_____________________________________
VERIFICATION
……………………………………..20…………………….
________________________
PETITIONER
_________________________________________________________________
SUMMARY OF EVIDENCE
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VERSUS
SUMMARY OF EVIDENCE
The petitioner shall adduce evidence to show that the petitioner is legally married to the respondent and
that as a result of the said marriage they have two children. That on various occasions, the respondent has
committed desertion and treated the petitioner with cruelty thus putting her under mental distress.
LIST OF WITNESSES:
Parents of the petitioner
Priest who officiated the marriage
Local Council 1 Chairman
LIST OF DOCUMENTS:
Constitution of the Republic of Uganda 1995
Divorce Act, 144
Marriage Certificate
DATED this…………………………………..day of……………………..20……….
_________________________________
PETITIONER
OBJECTION MY LORD.
AKIIKI MONICA .................................................APPLICANT
VERSUS
MAINTENANCE SUMMONS
WHEREAS AN APPLICATION has been made by the above named applicant residing in
Nyakasura, Fort Portal for the issue of a summons seeking a maintenance order against against you on
grounds THAT YOU, the above named respondent residing in Nyakasura, Fort Portal, being the
spouse of the said applicant, HAVE FAILED TO PROVIDE MAINTENANCE as is proper in the
circumstances of the said applicant and the defendant children of the family, namely;
2• NAKATO MATOVU born in September 2016 under the age of 18 years.
THIS IS TO COMMAND YOU the respondent to appear at the sitting of The High Court circuit in
Fort Portal, Kabarole District to be held on the ...... day of ...........2018 at......... a.m./ p.m. on the
hearing of the said application for a maintenance order.
Dated this ...... day of ........... 2018
Signed : ___________________
To : MATOVU BOSCO
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(Respondent)
a) Supposing that Bosco pays the full bride price, however his demands for sexual intercourse become to
frequent and Monica cannot take it any longer. She is always uncomfortable to go back home because she
knows that as soon as she gets home, Bosco immediately demands for sexual intercourse. As a result of this
frustration, Monica confides in Peter Seko, her workmate and good friend. Peter, who secretly admired
Monica, advised her that she should leave Bosco and instead marry him. Indeed she ran away from Bosco
and started living with Peter. They started wedding plans and the first church banns have been read. Bosco
has learnt of this development and needs advice. Moreso he has learnt that Monica and Peter are first
cousins.
Under S.13 of the Act, if a person has an objection to the marriage, he or she may enter a caveat against
the issue of the Registrar’s certificate by writing at any time before the issue, the word “Forbidden”
opposite the entry of the Notice in the Marriage Notice Book. The caveat should indicate particulars of
the person objecting to the marriage and the grounds.
When a caveat has been lodged a registrar forwards a matter to court for reviewing. Under Section 14 of
the Marriage Act Cap 251, it is High Court to make a ruling, which should be final. Under Section 15 of
the Marriage Act Cap 251, if there are no valid grounds for caveat, a Courts Orders cancellation of a caveat
and also award compensation for damages and costs under section 16 of the Marriage Act Cap 251.
In the Matter of the marriage of Alfred Nderi & Charity Kamweru; A man gave notice of his
intention to marry a lady and a caveat was then placed by the Respondent claiming that the man was
already married to the Respondent and therefore had no capacity to contract the intended marriage. It
was held that the common knowledge that Nderi had in fact been married to both women under Kikuyu
Customary Law while one of the marriages had been dissolved the other one had not. It was held that the
registrar should therefore not issue the certificate of marriage because Nderi did not have capacity to marry
under statutory law.
In the present case, Bosco having paid the full bride price, means there is a valid subsisting customary
marriage between him and Monica.
OBJECTION MY LORD.
The law prohibits parties from contracting a civil or church marriage where one of the parties is
customarily married to another person. S. 10(1) (d) prohibits the registrar from issuing a certificate until
he or she has been satisfied by affidavit that neither of the parties to the intended marriage is married by
customary law to any person other that the person with whom such marriage is proposed to be contracted.
S. 34(1) of the Marriage Act invalidates a marriage where either of the parties to it at the time of the
celebration of the marriage is married by customary law to any person other than the person with whom
the marriage is had.
Since Bosco is validly customarily married to Monica, she can’t contract a subsequent marriage with Peter.
This is a ground for lodging a caveat.
The facts show that Monica and Peter are first cousins. The law prohibits marriage between persons who
are closely related.
S. 10(1)(c) prohibits the registrar from issuing a certificate where there is an impediment of kindred or
affinity. S. 34(1) declares a marriage void on grounds of kindred or affinity. Further S. 12(1)(b) of the
Divorce Act provides for nullification of marriage where the parties are within the prohibited degrees of
consanguinity, whether natural or legal, or affinity.
Under the Second Schedule of the Customary Marriage Registration Act, first cousins are within the
prohibited degrees of consanguinity.
The petitioner and the respondent were domiciled in Portugal and first cousins to each other. They
contracted a marriage in England but returned to Portugal, their domicil. By law of Portugal a marriage
between first cousins was illegal as being incestuous, but maybe celebrated under papal dispensation,
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Therefore, since the marriage between first cousins is prohibited by law, Bosco can also lodge a caveat.
The intended marriage is a church marriage which falls under the Marriage Cat Cap 251. A caveat should
be lodged under S. 13 of the Act.
Sometimes the role of the registrar is played by a church minister in case of a church marriage. The caveat
should be lodged in the marriage register book where the bans of marriage are read.
Write to the registrar of marriages forbidding the marriage./church minister
(lodging a caveat)
The word “Forbidden” is written opposite to the entry of the notice in the Marriage Notice
Book./marriage register book where the church bans are read.
Append to the word, name and place of abode, and the grounds of forbidding issue of certificate.
The registrar refers the matter to the High Court
The caveator and the Parties to the intended marriage are summoned
The case is heard and determined in a summary way.
The decision of the High Court shall be final.
IN THE MATER OF THE MARRIAGE ACT CAP 146 AND
IN THE MATTER OF A CAVEAT FORBIDDING SOLEMNISATION OF A
MARRIAGE
OBJECTION MY LORD.
TO: THE REGISTRAR OF MARRIAGES
AT FORT PORTAL
That Monica is already married to me Customarily.
That Monica and Peter are within the prohibited degrees of consanguinity as first cousins.
My address for service for purposes of this caveat is Kiketo and Co. Advocates Po.
Box 7117, Kampala
DATED at Kampala this 28th day of October 2018.
SIGNED by the said _______________________________
CAVEATOR
BEFORE ME
_______________________________
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I Bosco do hereby solemnly declare and state on oath that the above is true and correct information of the
And I make this solemn declaration consciously believing the same to be true in accordance with the
Statutory Declaration Act Cap 22.
________________________________
……………………………………….
DEPONENT
BEFORE ME;
…………………………………..

OBJECTION MY LORD.
WORKSHOP THREE
BRIEF FACTS
washing Bosco’s trousers, Monica found in the pockets a box of Wild Life Condoms. When Monica asked
Bosco about the condoms, he gave her a big slap and asked her to mind her own business. Monica is
frustrated and wants to leave the home. Bosco too wants the money he paid to Monica’s parents refunded
to him. He has identified one of the born again girls called Bulandina and wants to ask her hand in
marriage.
ISSUES;
1. What is the status of Bosco’s marriage?
2. Whether Bosco has any remedy?
3. What documents are needed for the above remedy?
4. What advice should be given to Monica who still wants to remain married to Bosco?
5. What documents are necessary for court proceedings?
6. What is the remedy for stopping the marriage between Monica and Peter
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7. What is the procedure of obtaining the remedy?
LAW APPLICABLE
3. The Divorce act cap 144
4. The Customary Marriages(Registration) Act, Cap 143
5. The Uganda Registration Services Bureau Act Cap 210
7. The Divorce Rules SI 144-1

OBJECTION MY LORD.
RESOLUTION;

REMEDIES IF ANY.
Article 31(3) of the Constitution of the Republic of Uganda as amended provides that marriage
shall be entered into with the consent of the man and woman intending to get married.
Uganda’s legal pluralistic system recognizes multiple types of marriage, including civil,
customary and religious (Christian, Islamic and Hindu) marriages. While customary
and Islamic marriages are potentially polygynous, Christian, Hindu and civil marriages
are monogamous and follow the Common Law requirements laid out in the 1866
English case of Hyde v. Hyde

Civil marriages include marriage under the Marriage Act Cap 251 which can be
solemnised in a church or by a Chief Administrative officer/ Registrar of marriages.
In order to contract a valid marriage, the parties must possess the legal capacity to
marry and must comply with certain formalities: a failure in either respect renders the
marriage void. The requirements of a civil marriage are laid out in Section 10 of the
Marriage Act as;
1. Residence.; One of the parties must have resided in the district where the marriage
is to be celebrated for at least fifteen days.
2. Age.
Each of the parties must be above 21 years of age and if below , consent of the parents
must be sought. This should however be reconciled with the Constitution of Uganda
1995 which provides for 18 years as the age of consent.
3. Parties should not be within the prohibited degrees of marriage.
4. None of the intended parties to the marriage should be in a subsisting marriage
whether customary or under the Marriage Act.
Notice.
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of a church. section 9.
According to section 11.
The same notice is applicable to church marriage where banns will be announced for
three consecutive Sundays usually in the church where the marriage will take place.
Under S. 34(2)(c) A marriage shall be null and void if both parties knowingly and
wilfully acquiesce in its celebration without the registrar’s certificate of notice duly
issued.
There are procedural requirements

the marriage is celebrated must be licensed i.e. place of worship or
the office of the registrar. Sections, 4, 5 and 22 of the Marriage Act. The marriage must
be celebrated with open doors between 8:00am and 6:00pm in case of church marriage
under S. 20(2) and in case of Civil Marriage, between the hours of ten o’clock in the
forenoon and four o’clock in the afternoon, under S. 26 of the Act.
witnesses apart from the minister celebrating and there after filling of certificate.
Section 20(2) and 26.
In the current facts, the marriage that took place in 2015 is void ab initio because the
major requirement of age was not met. Monica was only 16 years and therefore a minor
who is not eligible for marriage. Further the marriage was celebrated secretly at 6;pm
at the office of the CAO. The facts do not show that Sections 6,
9 and 10 were complied with. The marriage was therefore a nullity for want of
registrar’s certificate of notice as per S. 34(2)(c) of the Marriage Act.
Possible remedy
Given that there was misrepresentation of the fact of age by Monica, Bosco can
petition for nullification of the marriage.
Section 1(b) of the Customary Marriages Registration Act Cap 252 defines a
OBJECTION MY LORD.
customary marriage as a marriage celebrated according to the rites of an African community and one
of the parties to which is a member of that community or any marriage celebrated under Part 3 of
the Act. This definition was further emphasised in the case of Uganda V Kato & Others [1976]
HCB 204.
In Uganda v Peter Kato and 3 others [1976] HCB 204, Ssekandi J as he was then, held that the
test of determining what a marriage is, under customary law, is whether the union is treated as a
Section 4(2) of the Customary Marriage (Registration) Act provides that customary marriages
are polygamous in nature.
In John Tom Kintu v Myllious Gafabusa Kintu High Court Divorce Appeal No. 135 of
1995 it was stated by Justice S.B. Bossa as she was then that, “…if a person married under customary
law continues to marry more wives under the same type of marriage, he doesn’t commit adultery
thereby [ the marriage is polygamous]. I think however, that the situation is different where the other
person involved is not legally married to that person under customary law. There the association
must be clearly adulterous.”
Article 37 of the 1995 Constitution provides that every person has a right as applicable to belong
to, enjoy, practice, profess, maintain and promote any culture, cultural institution, language,
tradition, creed or religion in community with others.
The Judicature Act Cap under S. 15 provides that customs or traditions will be applicable in so far
as they are is not repugnant to natural justice, equity and good conscience and not incompatible
either directly or by necessary implication with any written law.This was further emphasised in the
case of Kimani V Gikanga (1965) EA
735 Court held that customs that are repugnant to public policy or natural justice, equity and good
The custom being relied on by a party in court must be established by them to the satisfaction of
court so that the Court may take judicial notice of it. In Ernest Kinyanjui Kimani v Muiru
Gikanga and another [1965] 1 EA 735, it was held that where African customary law is neither
notorious nor documented it must be established for the court’s guidance by the party intending to
rely on it and that as a matter of practice and convenience in civil cases the relevant customary law, if
it is incapable of being judicially noticed, should be proved by evidence or expert opinions adduced
by the parties. (Also refer to Halsbury’s Laws of England, 3 rd Edition, Vol. 15 – “Judicial notice
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is taken of facts which are familiar to any judicial tribunal by virtue of their universal notoriety or
regular occurrence in the ordinary course of nature or business. As judges must bring to the
consideration of the questions they have to decide their knowledge of the common affairs of life, it
is not necessary on the trial of any action to give formal evidence of matters with which men of
ordinary intelligence are acquainted whether in general or to natural phenomenon.” And also
Mifumi (U) Ltd & another vs Attorney General & Another Constitutional appeal No. 2 of
2014 where the Court observed that, “It is not necessary to require that the custom should be
formally proved in court in order for the court to know it exists…”
a) The female party has to be of or above 16 years of age (To be read together with the constitution).
b) The male party should have attained 18 years of age c) They should be of sound mind
d) The parties should not be within the prohibited degrees of kinship as laid out in the second
schedule.
In Uganda V Kato & Others (supra), Court observed that the test for determining whether there
is a customary marriage, the union is regarded as such by the customs of the tribe to which the parties
belong and that the parties must satisfy all the requirements of marriage under the customary laws of
that community. Bride price is also an essential element of customary marriage since it is a custom of
different tribes and it therefore validates a marriage. In Uganda v Eduku (1975) HCB
359 court held that since bride price had not been paid in full, there was no subsisting marriage.
In Nemezio Ayiiya Pet vs. Sabina Onzia Ayiiya HCCS No. 8/1973it was held that dowry is
essential in marriage in Uganda that it can be paid in instalments, but that until the last instalment is
paid, no valid customary marriage exists. It was emphasised that, a man and a woman cohabiting can
be regarded as husband and wife but marriage is not valid until ALL the dowry is paid.
In Mifumi (U) Ltd & another vs Attorney General & Another Constitutional appeal No. 2
of 2014 Although the Supreme Court abolished the traditional practice of refunding dowry
under customary divorce, the institution of bride wealth was left intact as an essential element of
customary marriages.
Dowry therefore is an essential ingredient of a valid customary marriage. The customary marriage
can thus be nullified on two grounds; one is failure to complete bride price and secondly Monica was
still below 18 years having been born in May 1999 yet the ceremony was in March 2017. It should
be further noted that the law does not allow conversion of civil marriage to customary marriage.
OBJECTION MY LORD.
S. 36 of the Marriage Act provides that any person who is married under this Act, or whose marriage
is declared by this Act to be valid, shall be incapable, during the continuance of that marriage, of
contracting a valid marriage under any customary law. Therefore, in any case where the first civil
marriage is found valid, the second customary marriage would still be invalid. However, Bosco
cannot demand for a refund of the bride price.
This was clearly discussed in the case of Mifumi (U) & 12 Others V Attorney General and
Kenneth Kakuru, the Supreme Court held that the custom and practise of demand and refund of
bride price as a condition precedent to a valid dissolution of a customary marriage is inconsistent
with Articles 2, 21(1) and 2, 31(1)(b); 31(3), 32(2), 33(1) and
33(4) of the constitution because it undermines the dignity and status of women.
Remedy.
The available remedy for Bosco is to petition court for nullification of the above
marriages. Both marriages were void for violating procedural requirements. In the first civil marriage,
Monica had no requisite age of 18 which is a violation of Article 31 of the Constitution, and as a
result, such marriage is void under Art 2 of the Constitution. The same marriage is void for want of
registrar’s certificate of notice which should be issued before celebration of the marriage. S. 34(2)(c)
declares such marriage as void.
The second customary marriage was invalid for failure to pay full bride price in accordance with
Toro customs. Also Monica still lacked the requisite age since she was
17 years and 10 months old. This is a violation of the Constitution. There is a difference between a
void and voidable marriage.
The distinction between void and voidable marriages is well brought out in the case of De Reneville
v De Reneville [1948] 1 ALLER 56, 60 CA. Lord Greene considered the essential distinction
between void and voidable marriage:
“The substance [of the distinction] may be expressed thus. A void marriage is one that will be
regarded by every court in any case in which the existence of the marriage is in issue as never having
taken place and can be so treated by both parties to it without the necessity of any decree annulling
it. A voidable marriage is one that will be regarded by every court as a valid subsisting marriage until
a decree annulling it has been pronounced by a court of competent jurisdiction.”
Technically, a void marriage is void even if it has never been declared to be so by a court, whereas a
voidable marriage is valid from the date of the marriage until the court makes an order. That said, a
party who believes his or her marriage to be void would normally seek a court order to confirm this
295 | P a g e
to be so. This avoids any doubts over the validity of the marriage and also permits the parties to apply
for court orders relating to their financial affairs.
Walton J; if one can show that a ceremony is void, that does not need the pronouncement of the
court to establish that fact. It may be highly desirable that the court should so pronounce and,
indeed, one would be very slow, as a practical matter, normally in relying on such a position without
the decree of the court. But if something is void, void it is: the court is then doing no more than
pronounce a blinding glimpse of the obvious at the end of the day.
decree, that Bosco can now legally marry Bulandina.
OBJECTION MY LORD.
MATOVU BOSCO....................................PETITIONER VERSUS
1. The petitioner is an adult male Ugandan of sound mind and the petitioner’s address for purposes
of this petition is Kiketo and Company Advocates P.O BOX 2112 Kampala.
2. The respondent is a female adult Ugandan of sound mind resident at Nyakasura, Fortportral and
the petitioner’s advocates undertake to effect court process on him/her.
3. The petitioner and the respondent are domiciled in Uganda.
4. That on 22nd December 2015 the petitioner contracted a civil marriage with the respondent at
the office of the CAO at Fort Portal.(attached is a marriage certificate marked Annexture A)
5. That the respondent lacked capacity to enter such a marriage as she was 16 years which is below
the age of consent.
6. That no registrar’s certificate of notice was issued nor prior consent of the parents sought before
the marriage as envisaged by the Marriage Act
7. That the marriage was contracted between the petitioner and respondent without any person to
witness the marriage centrally to the Marriage Act.
8. That the civil marriage was conducted after the hour of 4’Oclock contrary to
the Marriage Act.
9. That the said civil marriage was therefore null and void for contravening the
Constitution and the Marriage Act.
10. That in March 2017 the petitioner contracted a customary marriage with the respondent in
accordance with Toro customs.
11. That the Customary Marriage conducted in March 2017 is invalid as the petitioner did not pay
the full bride price requested.
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12. That the customary marriages is invalid since the respondent had not yet
attained the age of consent having been born in May 1999.
13. That this matter arises within the jurisdiction of this honourable court.
1. That the said marriages between the petitioner and the respondent be nullified.
2. That the parties pay their own costs
VERIFICATION
..............................................
Petitioner
Before me commissioner for oath .................................... Drawn and filed by;
Kiketo and Co Advocates
PO.BOX 2112
KAMPALA.
SUMMARY OF EVIDENCE
The petitioner will adduce evidence to show that the alleged civil and customary marriages are not
valid reason of below age or no capacity to contract, no notice was given, no witnesses and also bride
price was not completed.
LIST OF WITNESSES
OBJECTION MY LORD.
1. Matovu Bosco
2. Other witnesses with leave of court
LIST OF AUTHORITIES
1. The Constitution 1995
LIST OF DOCUMENTS
1. The Marriage Certificate
2. Other documents with leave of court
To: Akiiki Monica
WHEREAS the petitioner has petitioned this court for a decree of nullity of marriage; YOU ARE
hereby summoned to file an answer to the petition in this court within 15 days from the date of
service of summons.
AND TAKE FURTHER NOTICE that in default of doing so, the petition will be heard and
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...................................... REGISTRAR
WORKSHOP 1(C)(I)
Assume that instead of the customary marriage, Bosco and Monica underwent a Church marriage
at All Saints Cathedral, Viirika after following all the necessary procedures. That despite all the
problems Monica still wants to remain married to Bosco. She wants him to resume looking after the
home and having sexual intercourse with him.
resolution other than instituting a suit. It involves a third party called the mediator intervening to
help the two conflicting parties reach an agreement. In marriage proceedings, mediation is
encouraged before parties proceed to court in order to give parties a chance to resolve the matter
amicably and preserve the sanctity of marriage as an institution. Under Rule 5 of the
Judicature(mediation) rules, mediation is compulsory before intending litigants proceed to trial.
Where mediation has failed, I would advise Monica petition court for the restitution of conjugal
rights under Section 20(1) and (2) of The Divorce Act Cap 144. Under this provision court has the
power to decree that a husband or wife who has unreasonably withdrawn from intercourse with the
spouse to be ordered to resume the same.
“I am quite sure that no young woman when she accepts a proposal of marriage and a contract is
formed could be satisfied if she were told that all the Youngman is undertaking by promise is to go
through a form of ceremony with her. What the parties intend is an exchange of mutual promises
to become another’s spouse that is husband and wife and all that it should entail”
OBJECTION MY LORD.
However it is important to note that a court can not order specific performance apparently because
you can‘t supervise people having sex or coerce them into the same.
husband (or a wife) to have intercourse by force, but unreasonable refusal (or demands
unreasonable in their frequency or nature) could well be grounds for annulment or divorce.
However, the successful party is not entitled to use extra judicial means to enforce his
/her rights. In R vs Jackson, (1896) 1 QR 671, where a husband obtained the decree nisi for
restitution of conjugal rights and his wife refused to comply. He then abducted her and confined
her in a house. Court held that not withstanding her refusal to live in the same house with him, the
husband was not entitled to keep her in confinement for the purpose of enforcing the decree for
restitution by her of his conjugal rights. Court granted her an order for habeaus corpus to secure
her release.
In the present case, Bosco stopped having sexual intercourse with Monica claiming that
he wants to remain “clean” awaiting the return of the Lord.
Maintenance rights.
There is no statutory provision relating to the duty and a right to maintenance of spouses, however,
under common law the husband has to duty to maintain his wife. However, S. 76 of the Children
Act provides for maintenance order given by court to one of the parties
In Edith Nakiyingi Vs Meleki Zadeki (1978) HCB 107, court recognized that the right to
maintenance in marriage includes the duty of the husband to maintain his wife.
However the right to maintain a wife in particular is founded in common law and is limited to
necessities. This was observed in the case of Carlott v Harsh.
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The wife has a right to occupy the matrimonial home and be provided with necessaries of life and
where this isn‘t done, the wife can exercise what under common law is called the Deserted wife’s
Equity, which means that the wife may insist on remaining in the matrimonial home if she has been
deserted by the husband.
In Uganda statutory law does not create a right of a wife to seek maintenance order where the
marriage is still ongoing. However Article 139 of the constitution, Judicature Act Cap 13 section
14, Civil Procedure Act Cap 71 section 98 and Magistrate Courts Act Cap 16 section 10 provides
courts with jurisdiction to use its inherent powers and grant a suitable remedy. Courts may apply
doctrines of common law and equity in ensuring there is maintenance between the husband and
the wife.
Monica should therefore petition the court for an order of maintenance. ii. DOCUMENTS
Summons;
WHEREAS the above named Petitioner has instituted a suit against you upon the
claim, the particulars of which are set out in the copy of the Petition attached hereto.
YOU ARE HEREBY required to file a response in the said suit within 15days from the date of
service of summons on you in the manner prescribed under Order 9 rule
1 of the Civil Procedure Rules S.I 71-1. (As described overleaf)
SHOULD YOU FAIL to file a response on or before the date mentioned, the
OBJECTION MY LORD.
Petitioner may proceed with the said suit and judgement may be given in your absence.
GIVEN UNDER my hand and the seal of the Court this 29th day of October 2018
at
Kampala.
(REGISTRAR)
PETITION

PETITION FOR MAITENENCE ORDER AND RESTITUTION OF CONJUGAL

RIGHTS
1. The petitioner is a female of sound mind residing at Nyakasura, Fort Portal and the petitioner’s
address for purposes of this petition is c/o SUI GENERIS Company Advocates, P.O. Box 7117,
Kampala.
2. The respondent is male Ugandan believed to be of sound mind and the
petitioner’s advocate’s undertake to effect court process on him.
4. That on the ……day of ……….20……..went through a valid church marriage ceremony with ………in
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5. That during the subsistence of the said marriage the respondent stopped looking after the home
and having sexual intercourse with the petitioner.
6. That this cause of action arose at Nyakasura, Fort portal within the jurisdiction of this honorable
court.
7. Wherefore the petitioner prays for orders:
(a) For the resumption of looking after the home; (b) For restitution of conjugal rights.
DATED at Fort Portal this …………………….day of……………………………………….20………
PETITIONER
BEFORE ME:
VERIFICATION
……………………………………..20…………………….
PETITIONER
SUMMARY OF EVIDENCE
OBJECTION MY LORD.

SUMMARY OF EVEIDENCE
The petitioner shall adduce evidence to show that the petitioner is legally married to the respondent
and that as a result of the said marriage they have two children. That on various occasions, the
respondent has committed desertion and treated the petitioner with cruelty thus putting her under
mental distress.
LIST OF WITNESSES:
1. Parents of the petitioner
2. Priest who officiated the marriage
3. Local Council 1 Chairman
LIST OF DOCUMENTS:
1. Constitution of the Republic of Uganda 1995
3. Divorce Act, 249
4. Marriage Certificate
DATED this…………………………………..day of……………………..20……….
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PETITIONER
AT FORT PORTAL
AKIIKI MONICA
.................................................APPLICANT
MATOVU VERSUS
BOSCO.................................................RESPONDENT
MAINTENANCE SUMMONS
WHEREAS AN APPLICATION has been made by the above named applicant residing in
Nyakasura, Fort Portal for the issue of a summons seeking a maintenance order against against
you on grounds THAT YOU, the above named respondent residing in Nyakasura, Fort Portal,
being the spouse of the said applicant, HAVE FAILED TO PROVIDE MAINTENANCE as is
proper in the circumstances of the said applicant and the defendant children of the family, namely;
2• NAKATO MATOVU born in September 2016
under the age of 18 years.
THIS IS TO COMMAND YOU the respondent to appear at the sitting of The
High Court circuit in Fort Portal, Kabarole District to be held on the ...... day of
...........2018 at......... a.m./ p.m. on the hearing of the said application for a maintenance order.
Dated this ...... day of ........... 2018
Signed :
To : MATOVU BOSCO
(Respondent)
Monica, advised her that she should leave Bosco and instead marry him. Indeed she ran away from Bosco and
started living with Peter. They started wedding plans and the first church banns have been read. Bosco has
learnt of this development and needs advice. Moreso he has learnt that Monica and Peter are first cousins.
Under S.13 of the Act, if a person has an objection to the marriage, he or she may enter a caveat against the
issue of the Registrar’s certificate by writing at any time before the issue, the word “Forbidden” opposite the
entry of the Notice in the Marriage Notice Book. The caveat should indicate particulars of the person objecting
to the marriage and the grounds.
When a caveat has been lodged a registrar forwards a matter to court for reviewing. Under Section 14 of the
Marriage Act Cap 251, it is High Court to make a ruling, which should be final. Under Section 15 of the
Marriage Act Cap 251, if there are no valid grounds for caveat, a Courts Orders cancellation of a caveat and
also award compensation for damages and costs under section 16 of the Marriage Act Cap 251.
In the Matter of the marriage of Alfred Nderi & Charity Kamweru

A man gave notice of his intention to marry a lady and a caveat was then placed by the Respondent claiming
that the man was already married to the Respondent and therefore had no capacity to contract the intended
marriage. It was held that the common knowledge that Nderi had in fact been married to both women under
Kikuyu Customary Law while one of the marriages had been dissolved the other one had not. It was held that
the registrar should therefore not issue the certificate of marriage because Nderi did not have capacity to marry
under statutory law.
In the present case, Bosco having paid the full bride price, means there is a valid subsisting customary marriage
between him and Monica. The law prohibits parties from contracting a civil or church marriage where one of
the parties is customarily married to another person. S. 10(1) (d) prohibits the registrar from issuing a certificate
until he or she has been satisfied by affidavit that neither of the parties to the intended marriage is married by
customary law to any person other that
the person with whom such marriage is proposed to be contracted.
S. 34(1) of the Marriage Act invalidates a marriage where either of the parties to it at the time of the celebration
of the marriage is married by customary law to any person other than the person with whom the marriage is
had. Since Bosco is validly customarily married to Monica, she can’t contract a subsequent
marriage with Peter. This is a ground for lodging a caveat.
The facts show that Monica and Peter are first cousins. The law prohibits marriage between persons who are
closely related. S. 10(1)(c) prohibits the registrar from issuing a certificate where there is an impediment of
kindred or affinity. S. 34(1) declares a marriage void on grounds of kindred or affinity. Further S. 12(1)(b) of
the Divorce Act provides for nullification of marriage where the parties are within the prohibited degrees of
consanguinity, whether natural or legal, or affinity.
Under the Second Schedule of the Customary Marriage Registration Act, first cousins are within the prohibited
degrees of consanguinity.
The petitioner and the respondent were domiciled in Portugal and first cousins to each
other. They contracted a marriage in England but returned to Portugal, their domicil. By law of Portugal a
marriage between first cousins was illegal as being incestuous, but maybe celebrated under papal dispensation,
Therefore, since the marriage between first cousins is prohibited by law, Bosco can also lodge a caveat. The
intended marriage is a church marriage which falls under the Marriage Cat Cap 251. A caveat should be lodged
under S. 13 of the Act.
Sometimes the role of the registrar is played by a church minister in case of a church marriage. The caveat should
be lodged in the marriage register book where the bans of marriage are read.
a. Write to the registrar of marriages forbidding the marriage./church minister
(lodging a caveat)
b. The word “Forbidden” is written opposite to the entry of the notice in the
Marriage Notice Book./marriage register book where the church bans are read.
c. Append to the word, name and place of abode, and the grounds of forbidding issue of certificate.
d. The registrar refers the matter to the High Court
e. The caveator and the Parties to the intended marriage are summoned f. The case is heard and determined in
a summary way.
g. The decision of the High Court shall be final.
CAVEAT FORBIDDING MARRIAGE THE REPUBLIC OF UGANDA
IN THE MATER OF THE MARRIAGE ACT CAP 146
AND
IN THE MATTER OF A CAVEAT FORBIDDING SOLEMNISATION OF A MARRIAGE
TO: THE REGISTRAR OF MARRIAGES AT FORT PORTAL
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1. That Monica is already married to me Customarily.
2. That Monica and Peter are within the prohibited degrees of consanguinity as first cousins.
My address for service for purposes of this caveat is Kiketo and Co. Advocates Po. Box 7117, Kampala
DATED at Kampala this 28th day of October 2018. SIGNED by the said
CAVEATOR
BEFORE ME
I Bosco do hereby solemnly declare and state on oath that the above is true and correct information of the best
of my knowledge.
And I make this solemn declaration consciously believing the same to be true in accordance with the Statutory
Declaration Act Cap 22.
……………………………………….
DEPONENT
BEFORE ME;
…………………………………..
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WORKSHOP FOUR
BRIEF FACTS
Matovu Bosco and Monica Akiiki got married on 22nd December 2015 at the CAO’s office at Fort Portal at
6.00pm without any witnesses and having not informed Monica’s parents. After the marriage, Bosco who was
25 years discovered that Monica who had informed him that she was 19 years old was actually on 5 th May 1999.
In September 2016 after Monica gave birth to twins, Bosco went to visit the twins, but Monica’s parents
insisted that he marries her customarily. Bosco agreed and in March 2017, together with his parents, Bosco
visited the home of Monica’s parents. The family of Monica demanded for a cow and bull as bride price. Bosco
paid shillings 2,000,000 being the cost of the cow. He had no money to pay for the price of the bull. However,
the parents of Monica allowed her to go stay with Bosco, her husband.
Soon after, in August 2017, Bosco lost his job, resorted to spending all his days and nights at church and stopped
providing for Monica and the twins. He stopped having sexual intercourse with her claiming that he wants to
remain “clean” awaiting the return of the Lord. In the meantime in August 2018, while washing
Bosco’s trousers, Monica found in the pockets a box of Wild Life Condoms. When Monica asked Bosco about
the condoms, he gave her a big slap and asked her to mind her own business. Monica is frustrated and wants to
leave the home.
Bosco too wants the money he paid to Monica’s parents refunded to him. He has identified one of the born
again girls called Bulandina and wants to ask her hand in marriage.
ISSUES;
What is the status of Bosco’s marriage?
Whether Bosco has any remedy?
What documents are needed for the above remedy?
What advice should be given to Monica who still wants to remain married to Bosco?
What documents are necessary for court proceedings?
What is the remedy for stopping the marriage between Monica and Peter
What is the procedure of obtaining the remedy?

LAW APPLICABLE
The Constitution of the Republic of Uganda 1995
The Divorce act cap 144
The Customary Marriages(Registration) Act, Cap 143
The Uganda Registration Services Bureau Act Cap 210
The Divorce Rules SI 144-1
RESOLUTION;
1. ADVICE TO BOSCO MATOVU ON THE STATUS OF HIS MARRIAGES AND REMEDIES IF

ANY.
Article 31(3) of the Constitution of the Republic of Uganda as amended provides that marriage shall be
entered into with the consent of the man and woman intending to get married.
Uganda’s legal pluralistic system recognizes multiple types of marriage, including civil, customary and religious
(Christian, Islamic and Hindu) marriages. While customary and Islamic marriages are potentially polygynous,
Christian, Hindu and civil marriages are monogamous and follow the Common Law requirements laid out in
the 1866 English case of Hyde v. Hyde
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Civil marriages include marriage under the Marriage Act Cap 251 which can be solemnised in a church or by a
Chief Administrative officer/ Registrar of marriages.
In order to contract a valid marriage, the parties must possess the legal capacity to marry and must comply with
certain formalities: a failure in either respect renders the marriage void.
The requirements of a civil marriage are laid out in Section 10 of the Marriage Act as;
Residence.; One of the parties must have resided in the district where the marriage is to be celebrated for atleast
fifteen days.
Age.
Each of the parties must be above 21 years of age and if below , consent of the parents must be sought. This
should however be reconciled with the Constitution of Uganda 1995 which provides for 18 years as the age of
consent.
Parties should not be within the prohibited degrees of marriage.
None of the intended parties to the marriage should be in a subsisting marriage whether customary or under
the Marriage Act.
Notice.
of a church.
section 9.
according to section 11.

The same notice is applicable to church marriage where banns will be announced for three consecutive Sundays
usually in the church where the marriage will take place.
Under S. 34(2)(c) A marriage shall be null and void if both parties knowingly and wilfully acquiesce in its
celebration without the registrar’s certificate of notice duly issued.
There are procedural requirements the marriage is celebrated must be licensed i.e. place of worship or the
office of the registrar. Sections, 4, 5 and 22 of the Marriage Act.
Marriage should be celebrated with open doors between 8:00am and 6:00pm in case of church marriage under
S. 20(2) and in case of Civil Marriage, between the hours of ten o’clock in the forenoon and four o’clock in the
afternoon, under S. 26 of the Act. witnesses apart from the minister celebrating and there after filling of
certificate. Section 20(2) and 26.
In the current facts, the marriage that took place in 2015 is void ab initio because the major requirement of age
was not met. Monica was only 16 years and therefore a minor who is not eligible for marriage. Further the
marriage was celebrated secretly at 6;pm at the office of the CAO. The facts do not show that Sections 6, 9 and
10 were complied with. The marriage was therefore a nullity for want of registrar’s certificate of notice as per S.
34(2)(c) of the Marriage Act.
Possible remedy
Given that there was misrepresentation of the fact of age by Monica, Bosco can petition for nullification of the
marriage.
Section 1(b) of the Customary Marriages Registration Act Cap 252 defines a customary marriage as a
marriage celebrated according to the rites of an African community and one of the parties to which is a member
of that community or any marriage celebrated under Part 3 of the Act. This definition was further emphasised
in the case of Uganda V Kato & Others [1976] HCB 204.
In Uganda v Peter Kato and 3 others [1976] HCB 204, Ssekandi J as he was then, held that the test of
determining what a marriage is, under customary law, is whether the union is treated as a marriage by the laws
or customs of the nation, race or sect to which the parties belong. Section 4(2) of the Customary Marriage
(Registration) Act provides that customary marriages are polygamous in nature.
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In John Tom Kintu v Myllious Gafabusa Kintu High Court Divorce Appeal No. 135 of 1995 it was
stated by Justice S.B. Bossa as she was then that, “…if a person married under customary law continues to marry
more wives under the same type of marriage, he doesn’t commit adultery thereby [ the marriage is polygamous].
I think however, that the situation is different where the other person involved is not legally married to that
person under customary law. There the association must be clearly adulterous.”
Article 37 of the 1995 Constitution provides that every person has a right as applicable to belong to, enjoy,
practice, profess, maintain and promote any culture, cultural institution, language, tradition, creed or religion
in community with others.
The Judicature Act Cap under S. 15 provides that customs or traditions will be applicable in so far as they are
is not repugnant to natural justice, equity and good conscience and not incompatible either directly or by
necessary implication with any written law. This was further emphasised in the case of Kimani V Gikanga
(1965) EA 735 Court held that customs that are repugnant to public policy or natural justice, equity and good
The custom being relied on by a party in court must be established by them to the satisfaction of court so that
the Court may take judicial notice of it. In Ernest Kinyanjui Kimani v Muiru Gikanga and another [1965]
1 EA 735, it was held that where African customary law is neither notorious nor documented it must be
established for the court’s guidance by the party intending to rely on it and that as a matter of practice and
convenience in civil cases the relevant customary law, if it is incapable of being judicially noticed, should be
proved by evidence or expert opinions adduced by the parties. (Also refer to Halsbury’s Laws of England, 3
rd Edition, Vol. 15 – “Judicial notice is taken of facts which are familiar to any judicial tribunal by virtue of
their universal notoriety or regular occurrence in the ordinary course of nature or business. As judges must
bring to the consideration of the questions they have to decide their knowledge of the common affairs of life,
it is not necessary on the trial of any action to give formal evidence of matters with which men of ordinary
intelligence are acquainted whether in general or to natural phenomenon.” And also Mifumi (U) Ltd &
another vs Attorney General & Another Constitutional appeal No. 2 of 2014 where the Court observed
that, “It is not necessary to require that the custom should be formally proved in court in order for the court to
know it exists…”
Section 11 of the Customary Marriages Registration Act provides for the requirements of a customary
marriage as;
The female party has to be of or above 16 years of age (To be read together with the constitution).
The male party should have attained 18 years of age
They should be of sound mind
The parties should not be within the prohibited degrees of kinship as laid out in the second schedule.
In Uganda V Kato & Others (supra), Court observed that the test for determining whether there is a
customary marriage, the union is regarded as such by the customs of the tribe to which the parties belong and
that the parties must satisfy all the requirements of marriage under the customary laws of that community.
Bride price is also an essential element of customary marriage since it is a custom of different tribes and it
therefore validates a marriage. In Uganda v Eduku (1975) HCB 359 court held that since bride price had not
been paid in full, there was no subsisting marriage.
In Nemezio Ayiiya Pet vs. Sabina Onzia Ayiiya HCCS No. 8/1973it was held that dowry is essential in
marriage in Uganda that it can be paid in instalments, but that until the last instalment is paid, no valid
customary marriage exists. It was emphasised that, a man and a woman cohabiting can be regarded as husband
and wife but marriage is not valid until ALL the dowry is paid.
In Mifumi (U) Ltd & another vs Attorney General & Another Constitutional appeal No. 2 of 2014
Although the Supreme Court abolished the traditional practice of refunding dowry under customary
divorce, the institution of bride wealth was left intact as an essential element of customary marriages
Dowry therefore is an essential ingredient of a valid customary marriage.
The customary marriage can thus be nullified on two grounds; one is failure to complete bride price and
secondly Monica was still below 18 years having been born in May 1999 yet the ceremony was in March 2017.
It should be further noted that the law does not allow conversion of civil marriage to customary marriage.
S. 36 of the Marriage Act provides that any person who is married under this Act, or whose marriage is declared
by this Act to be valid, shall be incapable, during the continuance of that marriage, of contracting a valid
marriage under any customary law.
Therefore, in any case where the first civil marriage is found valid, the second customary marriage would still
be invalid.
317 | P a g e
However, Bosco cannot demand for a refund of the bride price.
This was clearly discussed in the case of Mifumi (U) & 12 Others V Attorney General and Kenneth
Kakuru, the Supreme Court held that the custom and practise of demand and refund of bride price as a
condition precedent to a valid dissolution of a customary marriage is inconsistent with Articles 2, 21(1) and 2,
31(1)(b); 31(3), 32(2), 33(1) and 33(4) of the constitution because it undermines the dignity and status of
women.
Remedy.
The available remedy for Bosco is to petition court for nullification of the above marriages.
Both marriages were void for violating procedural requirements. In the first civil marriage, Monica had no
requisite age of 18 which is a violation of Article 31 of the Constitution, and as a result, such marriage is void
under Art 2 of the Constitution. The same marriage is void for want of registrar’s certificate of notice which
should be issued before celebration of the marriage. S. 34(2)(c) declares such marriage as void.
The second customary marriage was invalid for failure to pay full bride price in accordance with Toro customs.
Also Monica still lacked the requisite age since she was 17 years and 10 months old. This is a violation of the
Constitution.
There is a difference between a void and voidable marriage.
The distinction between void and voidable marriages is well brought out in the case of De Reneville v De
Reneville [1948] 1 ALLER 56, 60 CA. Lord Greene considered the essential distinction between void and
voidable marriage:
“The substance [of the distinction] may be expressed thus. A void marriage is one that will be regarded by every
court in any case in which the existence of the marriage is in issue as never having taken place and can be so
treated by both parties to it without the necessity of any decree annulling it. A voidable marriage is one that will
be regarded by every court as a valid subsisting marriage until a decree annulling it has been pronounced by a
court of competent jurisdiction.”
Technically, a void marriage is void even if it has never been declared to be so by a court, whereas a voidable
marriage is valid from the date of the marriage until the court makes an order. That said, a party who believes
his or her marriage to be void would normally seek a court order to confirm this to be so. This avoids any doubts
over the validity of the marriage and also permits the parties to apply for court orders relating to their financial
affairs.

Walton J; if one can show that a ceremony is void, that does not need the pronouncement of the court to
establish that fact. It may be highly desirable that the court should so pronounce and, indeed, one would be
very slow, as a practical matter, normally in relying on such a position without the decree of the court. But if
something is void, void it is: the court is then doing no more than pronounce a blinding glimpse of the obvious
at the end of the day.
Since the above marriages are void, Bosco should petition Court for a decree of nullity. It is after that decree,
that Bosco can now legally marry Bulandina.
b.
FAMILY DIVISION
MATOVU BOSCO....................................PETITIONER
VERSUS
The petitioner is an adult male Ugandan of sound mind and the petitioner’s address for purposes of this
petition is Kiketo and Company Advocates P.O BOX 2112 Kampala.
The respondent is a female adult Ugandan of sound mind resident at
Nyakasura, Fortportral and the petitioner’s advocates undertake to effect court process on him/her.
The petitioner and the respondent are domiciled in Uganda.
That on 22nd December 2015 the petitioner contracted a civil marriage with the respondent at the office of the
CAO at Fort Portal.(attached is a marriage certificate marked Annexture A)
That the respondent lacked capacity to enter such a marriage as she was 16 years which is below the age of
consent.
That no registrar’s certificate of notice was issued nor prior consent of the parents sought before the marriage
as envisaged by the Marriage Act
319 | P a g e
That the marriage was contracted between the petitioner and respondent without any person to witness the
marriage centrally to the Marriage Act.
That the civil marriage was conducted after the hour of 4’Oclock contrary to the Marriage Act.
That the said civil marriage was therefore null and void for contravening the Constitution and the Marriage
Act.
That in March 2017 the petitioner contracted a customary marriage with the respondent in accordance with
Toro customs.
That the Customary Marriage conducted in March 2017 is invalid as the petitioner did not pay the full bride
price requested.
That the customary marriages is invalid since the respondent had not yet attained the age of consent having
been born in May 1999.
That this matter arises within the jurisdiction of this honourable court.
That the said marriages between the petitioner and the respondent be nullified.
That the parties pay their own costs
VERIFICATION
..............................................
Petitioner
Before me commissioner for oath ....................................
Drawn and filed by;
SUI GENERIS & CO. Advocates
FAMILY DIVISION
SUMMARY OF EVIDENCE
The petitioner will adduce evidence to show that the alleged civil and customary marriages are not valid reason
of below age or no capacity to contract, no notice was given, no witnesses and also bride price was not
completed.
LIST OF WITNESSES
Matovu Bosco
Other witnesses with leave of court
LIST OF AUTHORITIES
LIST OF DOCUMENTS
Other documents with leave of court
....................................
Drawn and filed by;
SUI GENERIS and Co Advocates
FAMILY DIVISION
321 | P a g e
To: Akiiki Monica
WHEREAS the petitioner has petitioned this court for a decree of nullity of marriage; YOU ARE hereby
summoned to file an answer to the petition in this court within 15 days from the date of service of summons.
AND TAKE FURTHER NOTICE that in default of doing so, the petition will be heard and determined in
your absence.
......................................
REGISTRAR
WORKSHOP 1(C)(I)
Assume that instead of the customary marriage, Bosco and Monica underwent a Church marriage at All Saints
Cathedral, Viirika after following all the necessary procedures. That despite all the problems Monica still wants
to remain married to Bosco. She wants him to resume looking after the home and having sexual intercourse
with him.
I would advise her to try mediation with the husband. Mediation is an alternative method of dispute resolution
other than instituting a suit. It involves a third party called the mediator intervening to help the two conflicting
parties reach an agreement. In marriage proceedings, mediation is encouraged before parties proceed to court
in order to give parties a chance to resolve the matter amicably and preserve the sanctity of marriage as an
institution. Under Rule 5 of the Judicature(mediation) rules, mediation is compulsory before intending
litigants proceed to trial.
Where mediation has failed, I would advise Monica petition court for the restitution of conjugal rights under
Section 20(1) and (2) of The Divorce Act Cap 144. Under this provision court has the power to decree that a
husband or wife who has unreasonably withdrawn from intercourse with the spouse to be ordered to resume
the same.
“I am quite sure that no young woman when she accepts a proposal of marriage and a contract is formed could
be satisfied if she were told that all the Youngman is undertaking by promise is to go through a form of
ceremony with her. What the parties intend is an exchange of mutual promises to become another’s spouse that
is husband and wife and all that it should entail”
However it is important to note that a court can not order specific performance apparently because you can‘t
supervise people having sex or coerce them into the same.
Each partner has a right to reasonable sexual intercourse with the other: this does not entitle a husband (or
a wife) to have intercourse by force, but unreasonable refusal (or demands unreasonable in their frequency or
nature) could well be grounds for annulment or divorce.
However, the successful party is not entitled to use extra judicial means to enforce his /her rights. In R vs
Jackson, (1896) 1 QR 671, where a husband obtained the decree nisi for restitution of conjugal rights and his
wife refused to comply. He then abducted her and confined her in a house. Court held that not withstanding
her refusal to live in the same house with him, the husband was not entitled to keep her in confinement for the
purpose of enforcing the decree for restitution by her of his conjugal rights. Court granted her an order for
habeaus corpus to secure her release.
In the present case, Bosco stopped having sexual intercourse with Monica claiming that he wants to remain
“clean” awaiting the return of the Lord.
Maintenance rights.
There is no statutory provision relating to the duty and a right to maintenance of spouses, however, under
common law the husband has to duty to maintain his wife. However, S. 76 of the Children Act provides for
maintenance order given by court to one of the parties
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In Edith Nakiyingi Vs Meleki Zadeki (1978) HCB 107, court recognized that the right to maintenance in
marriage includes the duty of the husband to maintain his wife.
However the right to maintain a wife in particular is founded in common law and is limited to necessities. This
was observed in the case of Carlott v Harsh.
The wife has a right to occupy the matrimonial home and be provided with necessaries of life and where this
isn‘t done, the wife can exercise what under common law is called the Deserted wife’s Equity, which means
that the wife may insist on remaining in the matrimonial home if she has been deserted by the husband.
In Uganda statutory law does not create a right of a wife to seek maintenance order where the marriage is still
ongoing. However Article 139 of the constitution, Judicature Act Cap 13 section 14, Civil Procedure Act Cap
71 section 98 and Magistrate Courts Act Cap 16 section 10 provides courts with jurisdiction to use its inherent
powers and grant a suitable remedy. Courts may apply doctrines of common law and equity in ensuring there
is maintenance between the husband and the wife.
Monica should therefore petition the court for an order of maintenance.
ii. DOCUMENTS
Summons;
WHEREAS the above named Petitioner has instituted a suit against you upon the claim, the particulars of
which are set out in the copy of the Petition attached hereto.
YOU ARE HEREBY required to file a response in the said suit within 15days from the date of service of
summons on you in the manner prescribed under Order 9 rule 1 of the Civil Procedure Rules S.I 71-1. (As
described overleaf)
SHOULD YOU FAIL to file a response on or before the date mentioned, the Petitioner may proceed with
the said suit and judgement may be given in your absence.
GIVEN UNDER my hand and the seal of the Court this 29th day of October 2018 at
Kampala.
______________________
(REGISTRAR)
PETITION
VERSUS
PETITION FOR MAITENENCE ORDER AND RESTITUTION OF CONJUGAL RIGHTS
The petitioner is a female of sound mind residing at Nyakasura, Fort Portal and the petitioner’s address for
purposes of this petition is c/o SUI GENERIS Company Advocates, P.O. Box 7117, Kampala.
The respondent is male Ugandan believed to be of sound mind and the petitioner’s advocate’s undertake to
effect court process on him.
The petitioner and the respondent are both Africans domiciled in Uganda.
That on the ……day of ……….20……..went through a valid church marriage ceremony with ………in accordance
the Marriage Act.
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That during the subsistence of the said marriage the respondent stopped looking after the home and having
sexual intercourse with the petitioner.
That this cause of action arose at Nyakasura, Fort portal within the jurisdiction of this honorable court.
Wherefore the petitioner prays for orders: (a) For the resumption of looking after the home; (b) For restitution
of conjugal rights.
DATED at Fort Portal this …………………….day
of……………………………………….20………
____________________________________
PETITIONER
BEFORE ME:
_____________________________________
VERIFICATION
……………………………………..20…………………….
________________________
PETITIONER
_________________________________________________________________
SUMMARY OF EVIDENCE
VERSUS
SUMMARY OF EVEIDENCE
The petitioner shall adduce evidence to show that the petitioner is legally married to the respondent and that
as a result of the said marriage they have two children. That on various occasions, the respondent has committed
desertion and treated the petitioner with cruelty thus putting her under mental distress.
LIST OF WITNESSES:
Parents of the petitioner
Priest who officiated the marriage
Local Council 1 Chairman
LIST OF DOCUMENTS:
Constitution of the Republic of Uganda 1995
Divorce Act, 249
Marriage Certificate
DATED this…………………………………..day of……………………..20……….
_________________________________
PETITIONER
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AKIIKI MONICA .................................................APPLICANT
VERSUS
MAINTENANCE SUMMONS
WHEREAS AN APPLICATION has been made by the above named applicant residing in Nyakasura,
Fort Portal for the issue of a summons seeking a maintenance order against against you on grounds THAT
YOU, the above named respondent residing in Nyakasura, Fort Portal, being the spouse of the said applicant,
HAVE FAILED TO PROVIDE MAINTENANCE as is proper in the circumstances of the said applicant
and the defendant children of the family, namely;
2• NAKATO MATOVU born in September 2016 under the age of 18 years.
THIS IS TO COMMAND YOU the respondent to appear at the sitting of The High Court circuit in Fort
Portal, Kabarole District to be held on the ...... day of ...........2018 at......... a.m./ p.m. on the hearing of
the said application for a maintenance order.
Dated this ...... day of ........... 2018
Signed : ___________________
To : MATOVU BOSCO
(Respondent)
Monica, advised her that she should leave Bosco and instead marry him. Indeed she ran away from Bosco and
started living with Peter. They started wedding plans and the first church banns have been read. Bosco has
learnt of this development and needs advice. Moreso he has learnt that Monica and Peter are first cousins.
Under S.13 of the Act, if a person has an objection to the marriage, he or she may enter a caveat against the
issue of the Registrar’s certificate by writing at any time before the issue, the word “Forbidden” opposite the
entry of the Notice in the Marriage Notice Book. The caveat should indicate particulars of the person objecting
to the marriage and the grounds.
When a caveat has been lodged a registrar forwards a matter to court for reviewing. Under Section 14 of the
Marriage Act Cap 251, it is High Court to make a ruling, which should be final. Under Section 15 of the
Marriage Act Cap 251, if there are no valid grounds for caveat, a Courts Orders cancellation of a caveat and
also award compensation for damages and costs under section 16 of the Marriage Act Cap 251.
In the Matter of the marriage of Alfred Nderi & Charity Kamweru; A man gave notice of his intention
to marry a lady and a caveat was then placed by the Respondent claiming that the man was already married to
the Respondent and therefore had no capacity to contract the intended marriage. It was held that the common
knowledge that Nderi had in fact been married to both women under Kikuyu Customary Law while one of the
marriages had been dissolved the other one had not. It was held that the registrar should therefore not issue the
certificate of marriage because Nderi did not have capacity to marry under statutory law.
In the present case, Bosco having paid the full bride price, means there is a valid subsisting customary marriage
between him and Monica.
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The law prohibits parties from contracting a civil or church marriage where one of the parties is customarily
married to another person. S. 10(1) (d) prohibits the registrar from issuing a certificate until he or she has been
satisfied by affidavit that neither of the parties to the intended marriage is married by customary law to any
person other that the person with whom such marriage is proposed to be contracted.
S. 34(1) of the Marriage Act invalidates a marriage where either of the parties to it at the time of the celebration
of the marriage is married by customary law to any person other than the person with whom the marriage is
had.
Since Bosco is validly customarily married to Monica, she can’t contract a subsequent marriage with Peter. This
is a ground for lodging a caveat.
The facts show that Monica and Peter are first cousins. The law prohibits marriage between persons who are
closely related.
S. 10(1)(c) prohibits the registrar from issuing a certificate where there is an impediment of kindred or affinity.
S. 34(1) declares a marriage void on grounds of kindred or affinity. Further S. 12(1)(b) of the Divorce Act
provides for nullification of marriage where the parties are within the prohibited degrees of consanguinity,
whether natural or legal, or affinity.
Under the Second Schedule of the Customary Marriage Registration Act, first cousins are within the prohibited
degrees of consanguinity.
The petitioner and the respondent were domiciled in Portugal and first cousins to each other. They contracted
a marriage in England but returned to Portugal, their domicil. By law of Portugal a marriage between first
cousins was illegal as being incestuous, but maybe celebrated under papal dispensation,
Therefore, since the marriage between first cousins is prohibited by law, Bosco can also lodge a caveat.
The intended marriage is a church marriage which falls under the Marriage Cat Cap 251. A caveat should be
lodged under S. 13 of the Act.
Sometimes the role of the registrar is played by a church minister in case of a church marriage. The caveat should
be lodged in the marriage register book where the bans of marriage are read.
Write to the registrar of marriages forbidding the marriage./church minister
(lodging a caveat)
The word “Forbidden” is written opposite to the entry of the notice in the Marriage Notice Book./marriage
register book where the church bans are read.
Append to the word, name and place of abode, and the grounds of forbidding issue of certificate.
The registrar refers the matter to the High Court
The caveator and the Parties to the intended marriage are summoned
The case is heard and determined in a summary way.
The decision of the High Court shall be final.
IN THE MATER OF THE MARRIAGE ACT CAP 146 AND
IN THE MATTER OF A CAVEAT FORBIDDING SOLEMNISATION OF A
MARRIAGE
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TO: THE REGISTRAR OF MARRIAGES
AT FORT PORTAL
That Monica is already married to me Customarily.
That Monica and Peter are within the prohibited degrees of consanguinity as first cousins.
My address for service for purposes of this caveat is Kiketo and Co. Advocates Po.
Box 7117, Kampala
DATED at Kampala this 28th day of October 2018.
CAVEATOR
BEFORE ME
_______________________________
I Bosco do hereby solemnly declare and state on oath that the above is true and correct information of the best
of my knowledge.
And I make this solemn declaration consciously believing the same to be true in accordance with the Statutory
Declaration Act Cap 22.
________________________________
……………………………………….
DEPONENT
EFORE ME;
…………………………………..
MORE DOCUMENTS
1. NOTICE OF APPLICTION FOR GRANT OF LETTERS OF
ADMINISTRATION - This is to notify the public in case of an application for letters
of administration in case the deceased died intestate.

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IN THE …………COURT OF ………..HOLDEN AT………….
ADMINSTRATION CAUSE NO……………OF 20…….
IN THE MATTER OF THE SUCCESSION ACT (CAP 162)/ ADMINISTRATION
OF SMALL ESTATES ACT AS AMENDED)
IN THE MATTER OF THE ESTATE OF …………….. (DECEASED) FORMERLY A
RESIDENT OF………………………. (Village/Sub-county/County/District)
AND
IN THE MATTER OF AN APPLICATION FOR GRANT OF LETTERS OF
ADMINISTRATION BY ……………………. (Name, description and place of
residence)
NOTICE OF APPLICATION
TO WHOM IT MAY CONCERN
TAKE NOTICE that an application for Letters of Administration to the Estate of the late
……………………………………… (Deceased’s Description)
This court will proceed to grant the same if no caveat is lodged with this Honourable court of
Uganda within (14) fourteen days from the date of publication of this notice, unless cause has
been shown to the contrary.
DATED at Kampala this ……………… Day of …………………20…….
______________________
DEPUTY REGISTRAR
2. PETITION- Application for letters of administration and these are applied for when
the deceased died intestate and are used to manage the estate of the deceased.
IN THE HIGH COURT OF UGANDA AT ………………………………
ADMINISTRATION CAUSE NO: ……………………….. OF
………………………………
IN THE MATTER OF THE SUCCESSION ACT (CAP 162)
IN THE MATTER OF THE ESTATE OF LATE ……………………… (DECEASED)
FORMERLY A RESIDENT OF …………………… (Village/Subcounty/
County/District)
AND
IN THE MATTER OF AN APPLICATION FOR GRANT OF LETTERS OF
ADMINISTRATION BY ………………………
(Son/Daughter/Widow/Father/Mother/Sister/Brother) TO THE DECEASED
PETITION
To……………………………
………………………………...
………………………………...
The humble petition of ………………………………..
(Son/Daughter/Widow/Father/Mother/Sister/Brother) showeth;-
1. That the petitioner is an adult person of sound mind and a citizen of Uganda.
2. That the late ……………………………. (Hereinafter referred to as the deceased) died
intestate in …………… (Date) at ………….. (Place).
3. That the deceased at the time of his/her death left the following children namely:-
a) …………………………………………………..
b) …………………………………………………..
c) …………………………………………………..
d) …………………………………………………..
4. That the deceased did not leave a will.
5. The deceased by the time of his/her death left the following property:-
a) ……………………………………………………
b) ……………………………………………………
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c) ……………………………………………………
6. That the petitioner believes that the approximate value of the property likely to come
into her/his hands is estimated at Shs……………………………………. (In words).
7. That the deceased at the time of his/her death had a fixed place of abode at
………………………… (Village/Sub-county/County/District).
8. That the petitioner prays to this Honourable court that pursuant to the provisions of the
Succession Act, the Letters of Administration to the Estate of the said deceased be
issued to the petitioner.
9. That whatever I have stated herein above is true and correct to the best of my knowledge
and belief.
DATED at Kampala this ………………. Day of ………………………20……..
By the said:
__________________________
PETITIONER
BEFORE ME:
_______________________________
Drawn & filed by:
Petitioner
3. ADMINISTRATION BOND – commitment to manage the deceased’s estate
appropriately and make inventories.
IN THE …………………………… COURT OF UGANDA AT …………………..
PROBATE/ADMINISTRATION CAUSE NO: …………………… OF 20……….
IN THE MATTER OF THE ESTATE OF THE LATE ………………………
(DECEASED) FORMERLY RESDIENT OF ………………………… (Village/Subcounty/
County/District)
AND
IN THE MATTER OF APPLICATION FOR LETTERS OF ADMINSTRATION
BY ……………………………………
(Son/Daughter/Widow/Father/Mother/Sister/Brother) TO THE DECEASED
ADMINSTRATION BOND
KNOW all persons that I/we ……………………………………………….. (Relationship to
the deceased). DO HEREBY bind ourselves unto the High Court of Uganda in the sum of
Shs……………………………… (In words), esquire, the magistrate or to any magistrate of the
above court for the time being, for which payment well and truly to be made, I/we
……………….. bind myself/ourselves/my/our heirs, executors and administrators firmly by
these present.
SIGNED and DATED at Kampala the ………………… day of ……….. 20………..
………………………………… ……………………………………………..
………………………………… ……………………………………………..
I/we, ………………………………….. the intended administrator(s) of all and singular the
personal effects of …………………………… (Deceased), will when lawfully called upon in
that behalf make a true and perfect inventory thereof, and to truly administer the same according
to law, and to make a just and true account of the said administration whenever required by law
so to do and to deliver and pay unto such person or persons as shall be entitled.
If it shall hereafter appear that any Will was made by the said deceased, and the executor(s)
therein named do apply for Probate, thereof if the said …………………… being thereunto
required to deliver up the said Letters of Administration, then the obligation to administer the
estate shall be void.
SIGNED and DATED at Kampala this ………….. day of ……….20………..
By the said:
_______________________________
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Petitioner(s)
_______________________________
MAGISTRATE/DEPUTY REGISTRAR
4. CAVEAT FORBIDDING THE GRANT OF LETTERS OF
ADMINISTRATION
IN THE ………………………….. COURT OF UGANDA AT
…………………………….
ADMINISTRATION CAUSE NO: ………………….. OF 20…………….
(DECEASED)
AND
IN THE MATTER OF AN APPLICATION FOR LETTERS OF ADMINISTRATION
BY ……………………………. (Son/Daughter/Widow/Father/Mother/Sister/brother)
TO THE DECEASED
CAVEAT
LET NOTHING BE DONE TO THE ESTATE OF THE LATE
……………………………………… (Deceased of Village/Sub-county/County/District)
without notice to ……………………………. (Relationship to the deceased)
The grounded which this caveat is lodged are stated in the affidavit of …………………….
Here to attached.
DATED at Kampala …………. this ……… Day of …………………. 20……….
_______________________________
CAVEATOR
_______________________________
5. DIVORCE PETITION
IN THE ………………………………. COURT OF UGANDA AT
………………………..
DIVORCE CAUSE NO: ………………….. OF 20……..
……………………………………………………… PETITIONER
VERSUS
……………………………………………………… RESPONDENT
PETITION FOR DIVORCE
The humble petition of ………………. Of ……………………….. (Address) shoes:
1. That the petitioner is a female/male adult Ugandan resident of ……………………
(Village/Sub-county/County/District). The petitioner will effect court process
personally.
2. The respondent is a female/male Ugandan resident of …………………………..
(Village/Sub-county/County/District). The petitioner undertakes to effect service to
her/him.
3. That the petitioner was married to the respondent on ………………………… in a
church ceremony at ………….. Church and/or customary marriage under
……………………. Custom at ……………………….. (Village/Subcounty/
County/District).
4. The petitioner shall aver that since the solemnization of the marriage, the respondent has
deserted him/her or committed adultery or been cruel (state acts of cruelty).
5. That all steps by relatives were done to settle differences have failed.
6. The petitioner shall aver that due to irrevocable differences, the marriage to the
respondent has irretrievably broken down.
7. That in …………… (date), the respondent started being cruel to the petitioner by
denying him/her conjugal rights claiming that the blessed virgin had told him/her not to
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indulge with petitioner as result the petitioner suffered mentally and psychologically.
(outline all the other particulars of cruelty)
8. The cause of action arose in ………………………………….. which is in this court’s
jurisdiction.
9. That this petition is not prosecuted in collusion or connivance with the respondent or
with any other person connected in any way with the proceedings nor is your petitioner
guilty of condemnation.
10. The petitioner humbly prays this Honourable Court for orders that:
a. The marriage to the respondent be dissolved by this court and a decree nisi be
granted.
b. Custody orders be made for the children.(give the names)
c. Orders on disposal of matrimonial property.
d. Any other remedy that this Honourable Court may deem fit.
DATED at ………………. this ……………… Day of ………….. 20…………
_______________________________
PETITIONER
VERIFICATION
I, certify that the statements above are true to the best of my knowledge and belief.
_______________________________
PETITIONER
(Attach list of witnesses and list of documents to support the petition)
6. SUMMONS TO ANSWER PETITION
IN THE …………………………. COURT OF UGANDA AT ……………………..
DIVORCE CAUSE NO: ………………….. OF 20…………..
………………………………………………………. PETITIONER
VERSUS
………………………………………………………. RESPONDENT
To: …………………………….
…………………………………
…………………………………
WHEREAS the above named petitioned this court for a decree of dissolution of marriage (a
copy of which petition is attached hereto).you are hereby summoned to appear in this Court in
person or by an agent on the ……………………… day of …………….. 20……… at
…………………. O’clock in the fore/afternoon or as soon thereafter as the case can be heard,
to answer the above petition and for such further orders as the Court may make for the disposal
of the suit.
FURTHER TAKE NOTICE that in default of your doing, the petition will be heard and
Given under my hand and seal of this Court this …………. Day of ………. 20……..
_______________________________
7. ANSWER TO THE PETITION
IN THE ……………………….. COURT OF UGANDA AT……………………….
DIVORCE PETITION NO: …………………… OF 20……
………………………………………… PETITIONER
VERSUS
………………………………………… RESPONDENT
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ANSWER TO PETITION AND CROSS-PETITION
1. The respondent is an adult female/male of ………………. (Address) and resident of
……………….. (Village/Sub-county/county/District).
2. The respondent admits that a valid marriage subsisted with the petitioner and confirms
that there are …………………. Children in the marriage.
3. The respondent denies acts of cruelty or desertion or adultery and the petitioner shall be
put to strict proof.
4. The respondent cross-petitions for divorce/judicial separation or nullity. (select the
relevant one)
5. (state grounds or reasons for the cross petition)
6. Your respondent submits to the jurisdiction of this court.
7. The respondent prays for:
a) Decree nisi
b) Judicial separation
c) Custody and maintenance order
d) Division of matrimonial property
e) Any other relief Court deems fit.
SIGNED
_______________________________
RESPONDENT
8. SEPARATION AGREEMENT
THE CONTRACT ACT No. 2/2010
SEPARATION AGREEMENT
THIS AGREEMENTMADE THIS ………. DAY OF ……….. 20…….
BETWEEN
………………………… (Details of the first party) (Hereinafter referred to as the wife)

AND
………………………… (Details of the second party) (Hereinafter referred to as the husband)
AND WHEREAS the parties were blessed with ……………. Children (outline the names).
(Hereinafter referred to as the children)
AND WHEREAS the relationship between the parties has been broken down the reasons are
not mentioned.
NOW THEREFORE, THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. Non molestation
The parties mutually agree that there shall be no molestation of one of the other during
the continuance of the agreement and in case of breach.
2. Maintenance of wife and children
a) The husband shall provide for the maintenance of the children and the wife.
b) The maintenance of the wife shall continue subsisting on condition that she remains
chaste.
3. Live a part
The parties agree that they shall continue to live separately in consideration for having
each other’s consortium.
4. Dum casta clause
None of the parties to the agreement shall be at liberty to have sex outside marriage or
with another person during the subsistence of this agreement.
5. Agreement relating to property
a) Each party shall be entitled to take property which constitutes necessary wearing
apparel.
b) Other property shall be shared equally by the parties.
6. Duration
This agreement shall unless otherwise agreed upon by the parties run for ………. Years
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from the date of execution, save herein, this agreement can be terminated by mutual
consent.
7. Custody
The parties agree that the custody of the children shall go to the wife and the husband
shall have access to them provided that he visits at reasonable time.
8. Amendment
The agreement may be amended anytime upon the agreement by the parties hereto and
amendments shall be reflected in writing and duly signed by the parties and witnessed.
IN WITNESS WHEREOF, the parties have set their hands hereto on the date and year first
mentioned above;
Signed by the said:
WIFE ………………………………..
In the presence of ………………………………...
Signed by the said
HUSBAND …………………………………
In the presence of …………………………………
9. APPLICATION FOR CUSTODY
IN THE FAMILY AND CHILDREN COURT AT………………..
FAMILY CAUSE NO: ……… OF 20…….
IN THE MATTER OF …………………….. (Name of the child and age)
AND
IN THE MATTER OF AN APPLICATION FOR CUSTODY
APPLICATION FOR CUSTODY
Under Rule 19(3) of the children (family and children court Rules) S.I 59-2
I, ………………………… (Name, address and relationship to the child) hereby apply for a
custody order against ……………… (Person with the child and relationship to the child) on the
following grounds:
1. That I am ……………………………… (relationship to the child)
2. That I am a fit and proper person to take care of the child.
3. That the respondent ………………………………. (give reasons as to why the
respondent is not fit to stay with the children)
DATED at Kampala this …………………… Day of ………………………. 201……
_______________________________
APPLICANT
(Attach affidavit in support of the application)
10. APPLICATION FOR GUARDIANSHIP
IN THE HIGH COURT OF UGANDA AT KAMPALA (FAMILY DIVISION)
MISCELLANEOUS CAUSE NO: ……… OF 20……..
IN THE MATTER OF …………………….. (Name of the child) (An infant)
AND
IN THE MATTER OF AN APPLICATION FOR GUARDIANSHIP BY ……………….
NOTICE OF MOTION
(Under Article 139(1), 34(1) and (2) of the Constitution, Ss. 14, 33 and 39 Judicature Act, Cap.
13, S. 98 CPA, Cap. 7, Ss. 3,4,5,6 Children’s Act, Cap. 59 and O. 52 Rr 1 and 3 CPR S. I 71-1)
TAKE NOTE that this Honourable Court will be moved on the ………………… Day of
……………….. 20…… at …………………… o’clock in the fore/afternoon or soon
thereafter as counsel for the applicant shall be heard on an application for orders that:
a) This Honourable Court be pleased to appoint …………… (Name of the applicant) as
guardian of ……………………………………. (Name of the child).
b) The applicant be granted custody of the said infant.
c) That the costs be met by the applicant.
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TAKE FURTHER NOTICE that this application is supported by the affidavit of the applicant,
which contains the grounds of the application but briefly are;
1. (Outline the grounds briefly)
DATED at Kampala this …………................. Day of ………………… 20…….
_______________________________
COUNSEL FOR THE APPLICANT
Given under my hand and seal of this Honourable Court
This ………………………… Day of …………….. 20………….
_______________________________
REGISTRAR
(Attach an affidavit in support of the application)
11. PLAINT ON REVOCATION OF LETTERS OF ADMINISTRATION – this
application is made by the party that is aggrieved by the issuance of letters of
administration to another party or can also be made in case the administrator of the
estate is mismanaging it.
IN THE HIGH COURT OF UGANDA AT KAMPALA (FAMILY DIVISION)
ADMINISTRATION CAUSE NO: ……………… OF 20…………….
…………………………………………… PLAINTIFF
VERSUS
…………………………………………… DEFENDANT
PLAINT
(Under S. 234, 265 Succession Act, Cap. 162, O.4 R.1 CPR S.I 71-1)
1. The plaintiff is a female/male adult Ugandan of sound mind and a beneficiary to the
estate of the late …………………………… (Deceased) whose address for the
purposes of this suit is …………………………………..
2. The defendant is a female/male of adult Ugandan of sound mind and holds letters of
administration to the estate of the late ……………………….. (Deceased) and the
plaintiff’s advocates undertake to effect service of the court process upon her.
3. The plaintiff’s claim against the defendant is for;
a) An order revoking the grant of letters of administration to the defendant.
b) A declaration that the plaintiff be granted the said letters of administration.
c) A permanent injunction restraining the defendant from any other dealings in the
estate.
d) An order that the defendant surrenders the letters of administration and files a
comprehensive inventory.
e) Costs
4. The facts constituting the plaintiff’s cause of action arose as follows;
a) Deceased passed away on …………… (Date) leaving
………………………………. (Beneficiaries).
b) Date of obtaining letters of administration by ……………………………….
c) The defendant has failed to properly discharge her duties as an administrator by:
(i) Give details of the management
5. The plaintiff shall aver and contend that the acts of the defendant tantamount to
mismanagement of the deceased’s estate.
6. Notice of intention to sue was duly served on the plaintiff who ignored the same.
7. The Cause of action arose at ……………… within the jurisdiction of this Honourable
Court.
WHEREFORE; the plaintiff prays that judgment be entered against the defendant for:
a) An order revoking the defendant’s Letter of Administration.
b) An order that Letters of administration be granted to the plaintiff
c) A permanent injunction restraining the defendant from further dealings with the estate of
the deceased.
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d) An order that the defendant surrender the Letters of Administration granted to her and
files a comprehensive, true and connect inventory.
e) Costs
DATED at Kampala this …………………. Day of …………………..20…….
_______________________________
COUNSEL FOR THE PLAINTIFF
(Attach summary of evidence)
12. APPLICATION FOR APPOINTING OF A MANAGER OF THE ESTATE OF
A PERSON OF UNSOUND MIND.
MISCELLANEOUS CAUSE NO: ……………………… OF 20…………..
IN THE MATTER OF …………………., APERSON OF UNSOUND MIND
AND
IN THE MATTER OF AN APPLICATION UNDER SECTION 2 OF THE
ADMINISTRATION OF ESTATES OF PERSONS OF UNSOUND MIND ACT FOR
THE APPOINTNMENT OF A MANAGER.
CHAMBER SUMMONS
(Rule 3(1), (8) of S.I 155-1)
LET ALL PARTIES concerned attend the learned judge in chambers on the
……………………… Day of …………………. 2013 at …………… O’clock in the
fore/afternoon or soon thereafter as counsel for the applicant can be heard on an application for
orders that:
a) The applicant be appointed manager of the estate of …………………………. Of
unsound mind.
TAKE NOTICE that this application is supported by the affidavit of …………………….
Which shall be read and relied upon at the hearing and contains the grounds upon which this
application is based but briefly are;
a) (outline the grounds)
TAKE NOTICE that this summons is taken out by ……………………………
Given under my hand and seal of this Honourable Court this ……………………… Day of
…………….20…….
_______________________________
REGISTRAR
(Attach affidavit in support of the chamber summons)
13. MANAGEMENT ORDER – this is an application made to manage an estate of a
missing person.
IN THE MATTER OF THE ESTATE OF ………………………….. (Missing person)
AND
IN THE MATTER OF AN APPLICATION FOR GRANT OF MANAGEMENT
ORDER BY ……………………………….
PETITION
1. I, ……………………………. (Name and address) do hereby apply for grant of an
order of management of the estate of ……………………….. (Missing person).
2. ………………….. (Name) went missing on ……………………….. (date)
3. That I reported the matter to the police on ……………….. (Date) and run a notice in
the monitor newspaper from ……………………. to ………….. to no avail.
4. On …………………. (Date) called a family meeting and still, no one knew his
whereabouts.
5. ………………. (missing person) left behind a wife/husband and children
6. He/she left behind the following properties
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i) (outline the properties)
7. At the time of disappearance ……………………….. (Missing person) was a resident of
………………………… (Village/Sub-county/County/District).
8. This application is made by ……………………….. (Name and relationship to the
missing person) and I believe the value of the estate is around ……………… (State
amount).
DATED at Kampala this ………… Day of ……………….. 20………………….
_______________________________
PETITIONER
VERIFICATION
I, ……………………………. (Applicant) solemnly and sincerely declare that whatever is stated
in this application is true to the best of my knowledge.
_______________________________
PETITIONER
_______________________________
WITNESS
BEFORE ME
_______________________________
14. PETITION FOR NULLITY OF MARRIAGE
IN THE CHIEF MAGISTRATE’S COURT OF ……………… AT ………………..
MATRIMONIAL CAUSE NO: ………………. OF 20………….
……………………………………….. PETITIONER
VERSUS
……………………………………….. RESPONDENT

(Under S. 11, 12(1) (d) Divorce Act, Cap. 249)
1. The petitioner is a male/female of sound mind residing at ……………………..
(Village/Sub-county/County/District) and the petitioner’s address for purposes of this
petition is ……………………………
2. The respondent is a female/male Uganda believed to be of sound mind and the
petitioner’s advocates undertake to effect court process on him/her.
4. That in ……………………………. (Date) went through a valid
customary/civil/church marriage ceremony with …………………. In accordance with
………………………. Customs (if it was a customary marriage).
5. That during the subsistence of the said marriage, the respondent entered into a marriage
contract with the petitioner in ………………. (Date) under the marriage Act.
6. That the petitioner therefore, did not have capacity to enter into the purported
monogamous marriage with the respondent in …………………………. (Date).
7. That this cause of action arose in …………………………….. with the jurisdiction of
this honourable court.
8. WHEREOF the petitioner prays for orders that:
a) The purported marriage of the respondent to the petitioner was a nullity.
b) The respondent is therefore not entitled to a share of the petitioner’s property.
c) That the petitioner is granted custody of their children.
DATED at Kampala this ………………..day of ………………. 20………
_______________________________
PETITIONER
BEFORE ME:
_______________________________
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VERIFICATION
I, ………………………………… (Name) certify that the statements above are true to the best
of my knowledge and belief.
DATED at ……………………… this ……………….. day of ………………….. 20…..
_______________________________
PETITIONER
BEFORE ME:
_______________________________
LIST OF DOCUMENTS:
1. Customary marriage registration certificate
2. Consent letter of the parents to the wife
3. Birth certificates of the issues
LIST OF WITNESSES
1. (list all the relevant witnesses)
LIST OF AUTHORITIES
1. The Constitution of the Republic of Uganda, 1995
2. The Marriage Act, Cap. 251
3. Customary marriage Registration Act, Cap. 248
4. Divorce Act, Cap. 249
5. Divorce Rules S.I 249-1
15. PETITION FOR JUDICIAL SEPARATION
IN THE CHIEF MAGISTRATE’S COURT OF ………………… AT
………………………..
MATRIMONIAL CAUSE NO: ……………… OF 20…………
………………………………………… PETITIONER
VERSUS
………………………………………… RESPONDENT
PETITION FOR JUDICIAL SEPARATION
(Under Section 14, 30, 31, Divorce Act)
THE HUMBLE PETITION OF ……………………………… (Name) SHOWETH THAT:
1. The petitioner is an adult female/male Ugandan of sound mind and resident of
…………………………. (Village/Sub-county/County/District), whose address for
purposes of this petition shall be ……………………………….
2. The respondent is an adult male/female Ugandan believed to be of sound mind and the
petitioner undertakes to effect service of court process on him/her.
3. The petitioner was in ………………… (Year) lawfully married to the respondent at
…………………………………….. and the marriage was solemnised under the
provisions of the marriage Act in force. (The marriage certificate should be attached).
4. That these are the issues to the marriage:
a) (give the names of the children)
5. That since the solemnisation of the said marriage:
a) The respondent has changed his faith from Christianity to Islam.
b) (outline the other reasons)
6. That since the celebration of the said marriage, that the respondent has treated the
petitioner with cruelty forcing her to leave their home. (give particulars of cruelty)
7. That no collusion, connivance, or condonation exists between the petitioner and the
respondent.
8. That both parties are Africans domiciled in Uganda and the cause of action arose in
…………… (Place) within the jurisdiction of this honourable court.
WHEREOF, the petitioner prays for a decree:
a) That the petitioner shall be judicially separated from the respondent.
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b) That the petitioner shall be granted custody of the issue(s) of the marriage.
c) That the respondent shall provide maintenance for the petitioner.
DATED at ………………………. this………… day of …………………20…….
_______________________________
PETITIONER
VERIFICATION
I, ……………………………….. (Name) certify that the statements herein are true to the best
of my knowledge and belief.
_______________________________
PETITIONER
BEFORE ME:
_______________________________
16. SUMMARY OF EVIDENCE
IN THE CHIEF MAGISTRATE’S COURT OF ………………………… AT
………………
MATRIMONIAL CAUSE NO: …………………… OF 20………………..
…………………………………… PETITIONER
VERSUS
…………………………………… RESPONDENT
SUMMARY OF EVIDENCE
The petitioner shall adduce evidence to show that the petitioner is legally married to the
respondent and as a result of the said marriage, they have three children. That on various
occasions, the respondent has committed adultery and treated the petitioner with cruelty, thus,
forcing her to leave their matrimonial home.
LIST OF WITNESSES
1. (outline all the relevant witnesses)
LIST OF DOCUMENTS
1. The Constitution of the Republic of Uganda, 1995
2. The marriage Act, Cap. 251
3. Divorce Act, 249
4. (any other relevant authority)
DATED this ………………….. day of ……………………… 20……….
_______________________________
PETITIONER
17. PETITION FOR ADOPTION BY A NON-UGANDAN
IN THE HIGH COURT OF UGANDA AT ……………………….
ADOPTION CAUSE NO: ……….. OF 20………..
IN THE MATTER OF THE CHILDREN ACT, CAP. 59
AND
IN THE MATTER OF ………………………… (INFANCT)
THE PETITION OF ………………………… (Name and address of applicant)
PETITION FOR ADOPTION
1. The petitioner is desirous of adopting the said ……………….. (Infant) under the
provisions of the children’s Act, Cap. 59.
2. The petitioner is a citizen of …………………… (Country) who first came to Uganda
on …………….. (Date) and resided at ……………………… (Village/Subcounty/
County/District), aged ………………… (Age).
3. The petitioner is married to ………………….. (Name) the mother of the said child.
4. The petitioner is ………………………………… by profession. (Attach birth
certificate)
355 | P a g e
5. The said child is:
a) Female/male
b) A child born to ……………………… (Name of parent(s) and attach birth
certificate).
c) Now in actual custody of the petitioner.
d) Under the guardianship of the petitioner
6. The said child has not been the subject of any adoption order or application or petition
for adoption order.
7. The petitioner has not received or agreed to receive any payment or reward or agreed to
make or give consideration of the adoption of the said child (name of the infant).
8. The petitioner has no criminal record in Uganda or any other country.
9. The petitioner has attached a recommendation showing his suitability to adopt the said
child from:
a) (outline the recommenders and attach recommendations)
10. The petitioner affirms that the adoption order made by this court shall be recognised by
the authorities in ……………………… (Country).
11. It is proposed that court makes no orders as to costs.
12. The petitioner prays:
a) That an order for adoption of the said child be made.
b) Such other order be made as court deems fit.
DATED at Kampala ……………………... this day …………….. of ……………. 20……
_______________________________
PETTIONER
(Attach a verification and summary of evidence, adjust the application accordingly).
18. PETITION FOR PROBATE – This is an application made to administer the estate of
the deceased who died testate (left a will).

IN THE HIGH COURT OF UGANDA AT ………………………
PROBATE AND ADMINISTRATIVE CAUSE NO: …….. OF 20…….
IN THE MATTER OF AN APPLICATION FOR PROBATE BY …………………..
(Executor) OF THE ESTATE OF LATE …………….. (DECEASED)
PETITION FOR PROBATE
1. I, …………………………… (Name and address of the petitioner) hereby apply to this
honourable court for the grant of probate of the will of the late ………………..
(Deceased) who died on ………………………. (Date) at …………………… (Place).
2. That the writing annexed to this application is the last will and testament of the deceased
executed by him on the …………………….. Day of …………………. 20……….
3. That the deceased was married to ……………….. (Name and place).
4. That the deceased is survived by the following children:
a) (outline the children by name)
5. The deceased left the following properties:
a) (outline the properties)
6. The deceased had the following liabilities:
a) (outline the liabilities)
7. That at the time of his death, the said ……………………… (Deceased) had a fixed
place of abode at ……………….. within the jurisdiction of this court.
8. This application is made by ……………. (State the applicant and his relationship to the
deceased) named as executor in the will.
9. That I do hereby solemnly and sincerely declare that what is stated herein is true to the
best of my knowledge and belief and I make this solemn declaration consciously
believing the same to be true by virtue of the provision of the statutory declaration Act,
2000.
Declared at …………………. Kampala by the said …………………….. this ……………..
357 | P a g e
day of ……………….20……………
_______________________________
PETITIONER
BEFORE ME:
_______________________________
VERIFICATION
I, …………………………………….. (Name) the petitioner in the above petition declares that
what is stated in it is true to the best of my information and belief.
_______________________________
PETITIONER
BEFORE ME
_______________________________
19. CONSENT TO ADOPTION – This is consent given by a child who is 14 years and
above in regard to this/her adoption.
THE REPUBLIC OF REPUBLIC
IN THE HIGH COURT OF UGANDA AT ……………………………..
IN THE MATTER OF THE CHILDREN ACT
AND
IN THE MATTER OF A PETITION FOR ADOPTION OF ……………………..
(CHILD)
CONSENT TO ADOPTION
WHEREAS the petitioner intends to petition for my adoption, I ……………………. (Name of
the child, should be 14 and above) of ……………………….. (Address) being the subject of the
petition consent to my adoption by the petitioner and acknowledge that an adoption order will
vest all parental rights and obligations in respect of myself in the petitioner.
_______________________________
CHILD
The contents of this form were read to the child and explained to her/him and I established that
she understood them before signing the form before me.
DATED at …………….……… this ………… day of …………… 20…………..
20. CAVEAT FORBIDDING THE GRANT OF PROBATE
HIGH COURT MISCELLANEOUS CAUSE NO: ……………….. OF 20………….
IN THE MATTER OF THE ESTATE OF LATE ………………………….. (Deceased)
OF ………………………….. (Village/Sub-county/County/District)
AND
IN THE MATTER OF APPLICATION FOR GRANT OF PROBATE OF THE WILL
OF ……………………………… (DECEASED) BY ……………….. (Name and relation
to the deceased)
CAVEAT
LET NO GRANT be sealed in the estate of the late …………………………… (Deceased’s
name and former residence), who died testate on the ………………. Day of ……………..
20…… without notice to ……………….. (Name and address).
DATED at …………………… this ……………. day of …………….. 20…….
_______________________________
CAVEATOR
(Attach affidavit to support the caveat)
21. CAVEAT FORBIDDING MARRIAGE
IN THE MATER OF THE MARRIAGE ACT, CAP 251
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AND IN THE MATTER OF A CAVEAT FORBIDDING SOLEMNISATION OF A
MARRIAGE
TO: ………………………………
……………………………………
……………………………………
Take notice THAT I, ………………….. (Name and address) being the ……………… to
…………… who intends to get married at ……………. (Place) on …………………………
(Date) do hereby forbid the marriage (solemnisation) on grounds that:
1. (outline the grounds)
My address for service for purposes of this caveat is …………………
DATED at ……………………… this …………… day of ……………….. 20………..
CAVEATOR
BEFORE ME
_______________________________
(Attach a statutory declaration)
22. REVOCATION OF ADOPTION ORDER
THE HIGH OF UGANDA AT ……………………..
MISCELLANEOUS APPLICATION NO: ………….. OF 20…………..
ARISING OUT OF ADOPTION CAUSE NO: ………. OF 20…………..
…………………………………………. PETITIONER
VERSUS
…………………………………………. RESPONDENT
NOTICE OF MOTION
(Under S. 14 & 33 Judicature Act, S. 98 C.P.A, O. 52 r 1 & 3 C.P.R, S.I 71-1, Article 139(1)
Constitution of the Republic of Uganda)
TAKE NOTICE, that this honourable court will be moved this ……………… day of
………………….. 20……….. at …………………. O’clock in the fore/afternoon or soon
thereafter as counsel for the applicant shall be handed for orders that:
a) The adoption order granted to the respondent in adoption cause no…………. of
20……….. be revoked.
b) The costs of the suit be provided for.
TAKE FURTHER NOTICE that this applicable is supported by an affidavit of the applicant
herein but briefly states as follows:
a) The applicant is the natural father/mother of the infant …………………………..
(Name) the subject of adoption cause no:………………. Of 20………
b) That an adoption order in the aforementioned cause was obtained without the applicant’s
consent as required by law.
c) It is just and equitable that the said order be revoked.
d) (Add any other relevant information)
DATED AT ……………………. this ……………… day of …………………….of 20……..
_______________________________
APPLICANT
GIVEN under my hand and seal of this Honourable Court this ……… day of ………………..
20 ……………
_______________________________
REGISTRAR
23. AFFIDAVIT IN SUPPORT
THE HIGH OF UGANDA AT ……………………..
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MISCELLANEOUS APPLICATION NO: ………….. OF 20…………..
ARISING OUT OF ADOPTION CAUSE NO: ………. OF 20…………..
…………………………………………. PETITIONER
VERSUS
…………………………………………. RESPONDENT
AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION
I, ………………………….. (Name and address) hereby swear/affirm and state on oath as
follows:
1. That I am a male/female adult Ugandan of sound mind and the applicant in this
application.
2. That I am the natural father/mothers of …………………………… (Child) in respect
of whom an adoption order was granted to the respondents vide Adoption Cause no:
….. of 20……..
3. That the said adoption order was granted without my consent as required by law.
4. That the respondents are fully aware of my address in ……………………… but did not
bother to contact me.
5. That I am informed by my advocates ……………………… that I have a constitutional
right to care for and bring up my child.
6. That pursuant to the adoption order, the respondents and my child went to
……………………… (place/country) thereby denying me access to the child.
7. That it is in the child’s interest that the adoption order be revoked.
8. That I swear this affidavit in support of an application to revoke the adoption order.
9. That all that is stated here in above is correct to the best of my knowledge save for
paragraph 4, 5 based on information whose source has been disclosed and I solely
believe to be true.
(Change/add what is applicable)
SWORN at ………………………. by the said ……………………. this ………………… day

of …………………….. 20…………..
_______________________________
DEPONENT
BEFORE ME
_______________________________
24. APPLICATION FOR A MAINTENANCE ORDER AND ANY OTHER
ORDERS
IN THE FAMILY AND ACHILDREN COURT AT ………………………………….
IN THE MATTER OF ……………………………. (Name of child)
AND
IN THE MATTER OF AN APPLICATION FOR …………………………. (State the
type of order)
APPLICATION
I, _________________ (name of applicant), being

___________________________________
(state relationship to child) apply for a ____________________________________ (state type
of order) against ______________________________________ (name of respondent) being
the (father/mother) of _________________________________ (name of child) on the
following grounds:
1. (outline the grounds)
DATED at ………………. this …………. day of ………………… 20……..
_______________________________
APPLICANT
25. APPLICATION FOR A DECLARATION OF PARENTAGE

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IN THE FAMILY AND CHILDREN COURT AT ………………………
IN THE MATTER OF ……........ (Name of child), A CHILD
AND
IN THE MATTER OF AN APPLICATION FOR A DECLARATION OF
PARENTAGE
COMPLAINT ON OATH
I, ____________________ (name of complainant), being ___________________ (state
relationship to child) apply for a declaration of parentage against _______________ (name of
respondent) being the (father/mother) of _________________________ (name of child) on
the following grounds:
1. (Outline the grounds)
2. ________________________
SWORN at _______________ this ______ day of _______________, 20 ____
_______________________________
COMPLAINT
BEFORE ME
_______________________________
26. APPLICATION TO FOSTER
IN THE MATTER OF THE CHILDREN’S ACT, CAP. 59
AND
IN THE MATTER OF ………………………… (Name of child)
APPLICATION TO FOSTER CHILD
Name of applicant: ______________________________
Married/single Age: ______________________________
Address: _______________________________________
Telephone No: __________________________________
Number of children Age(s): ________________________
Employment of applicant: _________________________
Employment of husband: __________________________
Employment of wife: _____________________________
Other sources of income (e.g. farm): _________________
Have you ever fostered a child/children before? (If so, give particulars)
_____________________________________________
Reasons to foster
_____________________________________________
Are you willing to undertake short-term fostering? (If so, give particulars)
_____________________________________________
Names of two referees and their addresses (one shall be your local LC 1 chairperson
or village chief)
1. ___________________________________________
2. ___________________________________________
Age range, Sex of child you wish to foster (outline them)
1. _______________________________________
Applicant’s signature ____________________________
Date _________________________________________
27. FOSTER CARE UNDERTAKING
AND
FORM OF UNDERTAKING
365 | P a g e
I/We …………………………….. (Names of foster parents), who received
………………………………. (Name of child) into my/our home on (date) from (name of district
probation and social welfare office) undertake that:
1. I/We will care for ………………….. (Name of child) as though he/she were my/our own
child.
2. I/We will bring him/her up in accordance with the religion.
3. I/We will look after his/her health and allow him/her to be medically examined as
required by the district probation and social welfare office.
4. I/We will allow an officer of the district probation and social welfare office or
representative of the Ministry to visit my/our home and to see the child at any time.
5. I/We will inform the district probation and social welfare office immediately if the child
is seriously ill, or is missing, or is involved in an accident, or is in any kind of trouble.
6. I/We will inform the district probation and social welfare office immediately if I/we plan
to change residence and address.
7. I/We understand that an officer of the district probation and social welfare office has the
right to remove the child from my/our home in certain circumstances.
(Add any other relevant terms and conditions)
SIGNED:
_______________________________
Foster father
SIGNED:
_______________________________
Foster mother
Address of foster parent: _________________________________
VERIFICATION
I, ______________________ (Name) certify that I have explained the foregoing undertaking in
the language to and foster parent(s).

___________________________________________
District Probation and Social Witness Welfare Officer
Address of District Probation Address of witness and Social
_______________________________________________
_______________________________________________
Welfare Office
Date: ____________________________
28. FOSTER PARENT RECORD
AND
PROSPECTIVE FOSTER PARENT RECORD
Name of prospective foster parent(s): _______________________
Date of birth: __________________________________________
Age: _________________________________________________
District of origin: _______________________________________
Religion: ______________________________________________
Occupation: ___________________________________________
Marital status of prospective foster parents(s): _________________
Date of marriage: _______________________________________
Is the relationship monogamous or polygamous?
_____________________________________________________
Home address:
LC1: ______________________________________________________
Village: ____________________________________________________
367 | P a g e
Parish: _____________________________________________________
Sub-county: _________________________________________________
County: ____________________________________________________
Details of other people living in the home: ______________________________
Name Relationship to prospective foster parent: _________________________
Is there or has there been any serious illness/infection in the family? (If any, give details)
______________________________________________________________________
State the income and wealth of the prospective foster parents
______________________________________________________________________
Give details of businesses and land owned by the family:
______________________________________________________________________
Description of the home:
______________________________________________________________________
Number of rooms:
______________________________________________________________________
Type of toilet:
______________________________________________________________________
Type of water supply:
______________________________________________________________________
Will the family/person need material support in order to start fostering? (If the answer is “yes”, state
what will be needed.)
______________________________________________________________________
Why does this family/person wish to foster children?
______________________________________________________________________
Do they understand the temporary nature of fostering?
______________________________________________________________________
Has the person/any member of the family had a serious conviction? (If yes, give details and dates and
state whether in your opinion it is of such seriousness as to prevent the family/person from taking
on a foster
placement.)
_____________________________________________________________________
Assessment of the suitability of that family/person to foster children
_____________________________________________________________________
Recommendation
_____________________________________________________________________
_____________________________________________________________________
What type of foster child would best benefit from this family/person? (Baby, child, male, female,
etc.)
______________________________________________________________________
_
Details of foster child (ren) already placed with foster parents
______________________________________________________________________
_____
___
Name
____________________________
Sex
____________________________
Date of placement
____________________________
Age at date of placement
____________________________
Details of parents and siblings of foster children (if known)
______________________________________________________________________
_____
369 | P a g e
___
Name of foster child
____________________________
Names of parents
____________________________
Names of brothers/sisters of foster child
1. ____________________________
2. ____________________________
Sex
____________________________
Name of supervising officer
__________________________
Signature
__________________________
Address
__________________________
Date
29. FOSTER CHILD CASE RECORD
AND
FORSTER CHILD CASE RECORD
Name of child (surname first): _________________________________
Date of birth: _____________________________________________
Age: ____________________________________________________
District of origin: __________________________________________

Sex: ____________________________________________________
Religion: ________________________________________________
Names of foster parents: ____________________________________
Foster parent’s home address: ________________________________
LC 1: ___________________________________________________
Village: _________________________________________________
Parish: __________________________________________________
Sub-county: ______________________________________________
County: _________________________________________________
Natural father’s name Alive/dead/unknown: ____________________
Natural mother’s name Alive/dead/unknown: ___________________
Natural father or guardian’s address: ___________________________
LC 1: ___________________________________________________
Village: _________________________________________________
Parish: __________________________________________________
Sub-county: ______________________________________________
County: _________________________________________________
Details of foster child’s brothers, sisters and relatives: _____________
________________________________________________________
Names Addresses
________________________________________________________
Where was the child living immediately prior to this foster placement? (Please give names
and addresses of carers or institution).
________________________________________________________
Case history of the child and his/her family
________________________________________________________
371 | P a g e
State what efforts have been made to trace the parents or relatives and to return the child to
his/her family.
________________________________________________________
Details of medical history, including immunisation
________________________________________________________
Details of education
________________________________________________________
School Class
________________________________________________________
Name of supervising officer: _________________________________
Address: ________________________________________________
Supervisor’s signature: _____________________________________
30. WARNING TO CAVEATOR
IN THE MAGISTRATE’S COURT OF ………………….. AT……………….
ADMINISTRATION CAUSE NO: ………………….. OF 20……………….
(Deceased) OF ……………………….. (Village/Sub-county/County/District)
AND
IN THE MATTER OF AN APPLICATION FOR PROBATE/LETTERS OF
ADMINISTRATION BY ………………………………. (Executor/Widow/Son, etc. of
the deceased)
WARNING TO CAVEATOR
To: _______________________
__________________________
__________________________
A party who has entered a caveat in the estate of ____________ (deceased). You are warned
within twenty-one days after service of this warning upon you, inclusive of the day of that
service:
a) To file in this court a statement setting forth what interest you have in the estate of
_______________________________, deceased, contrary to that of the party at whose
instance this warning is issued; or
b) If you have no contrary interest but wish to show cause against the sealing of a grant to
that party, to state your reasons therefore.
AND TAKE NOTICE that in default of your so doing the court may proceed to issue a grant
of probate/letters of administration1 notwithstanding your caveat.
DATED at _____________________ this ______ day of _______________, 20 ____
______________________________________
MAGISTRATE
31. CITATION TO ACCEPT OR REFUSE PROBATE/LETTERS OF
ADMINISTRATION
IN THE MAGISTRATE’S COURT OF ……………………… AT ……………………….
ADMINISTRATION CAUSE NO: …………………………. OF 20……………..
IN THE MATTER OF THE ESTATE OF THE LATE ………………………..
(Deceased) OF …………………………………. (Village/Sub-county/County/District)
AND
IN THE MATTER OF AN APPLICATION FOR PROBATE/ LETTERS OF
ADMINISTRATION BY …………………………….. (Executor/Widow/Son, E.T.C of
the deceased)
CITATION TO ACCEPT OR REFUSE PROBATE/LETTERS OF
ADMINISTRATION
To: ________________________
373 | P a g e
___________________________
___________________________
WHEREAS it appears by the statement on oath of _______________________ (Name), sworn
this ___________ day of _____________ 20_____ that
_________________________________ (Deceased) of ________________

(Village/Subcounty/
County/District) died on ____________ (Date) having made and duly executed his or
her last will and testament dated ____________ (Date) (now remaining in this court) and in it
named you, ____________________________________, sole executor (and residuary legatee
and devisee in trust).
AND WHEREAS it further appears from that statement on oath that
________________________ is one of the residuary legatees and devisees named in the will.
NOW this is to command you, ________________________ (Name) that within twenty-one
days after service of this citation on you, inclusive of the day of that service, you cause a
statement to be filed in this court, and accept or refuse probate of the will, or show cause why
letters of administration, with the will annexed, of all the estate which by law devolves to and
vests in the personal representative of the deceased, should not be granted to
_____________________________________________________.
AND TAKE NOTICE that, in default of your so appearing and accepting and extracting
probate of the will, this court will proceed to grant letters of administration, with the will
annexed, of the estate to____________________________________, your absence
notwithstanding.
DATED at ________________ this ______ day of _______________, 20 ____
_________________________________
MAGISTRATE
32. DECLARATION

IN THE MAGISTRATE’S COURT OF ________________ AT _________________
ADMINISTRATION NO: _______________ OF 20_______________
IN THE MATTER OF THE ESTATE OF THE LATE ________________ (Deceased)
OF ___________________ (Village/Sub-county/County/District)
AND
IN THE MATTER OF AN APPLICATION FOR PROBATE/LETTERS OF
ADMINISTRATION BY _________________________ (Executor/Widow/Son, E.T.C
of the deceased)
DECLARATION
I, ______________________________ of ________________________________,
solemnly
and sincerely declare that ________________________________ (Deceased) of
___________________________________________, died _________________ on the
______ day of _______________, 20 ____, testate/intestate, that I am _________________

of
the deceased, that I will faithfully administer the estate and effects of the deceased by paying his
or her just debts and distributing the residue of his or her estate and effects according to his or
her will/customary law, and that I shall make a true and perfect inventory of all and singular that
estate and effects and render a just and true account thereof whenever required by law so to do.
Sworn to at _________________ this ______ day of _______________, 20 ____
____________________________________
APPLICANT
SWORN at ________________ before me this ______ day of ____________, 20 ____
____________________________________
MAGISTRATE
33. REPORT OF FINAL ACCOUNTS- accountability in the administration of estates
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IN THE MAGISTRATE’S COURT OF ________________ AT _____________________
ADMINSTRATION CAUSE NO: _____________ OF 20____________
IN THE MATTER OF THE ESTATE OF THE LATE __________________
(Deceased) OF _________________________ (Village/Sub-county/County/District)
DECLARATION
I, ___________________ of _____________________ the father/son/widow, etc.1 having
been granted probate/letters of administration on the ______ day of _______________,
20____, to administer the estate of the late ______________________________ of
____________________ who died at ___________________ on the ______ day of
_______________, 20 ____, and having undertaken to administer the estate of the late
_______________________ of _______________________ and to make a full and true
inventory of the property and credits and to render to this honourable court a true account of
the property and credits, hereby render the final accounts of the distribution of the property and
credits to this honourable court.
The distribution of the estate was carried out as follows:
Person His or her relationship to the deceased Share taken
1. ______________ _________________________ ________________
2. ______________ _________________________ ________________
3. ______________ _________________________ ________________
4. ______________ _________________________ ________________
5. ______________ _________________________ ________________
6. ______________ _________________________ ________________
AND I, ________________ solemnly and sincerely declare that what is stated in this final
account is a true and accurate account of the distribution of the property and credits of the late
_____________________ deceased, to the best of my knowledge and belief, and I make this
solemn declaration conscientiously believing it to be true and by virtue of the provisions of the
Statutory Declarations Act.

_________________________________
Signature of Applicant
_________________________________
Signature of Advocate (if any)
DECLARED at ______________ this ______ day of _______________, 20 ____
BEFORE ME
_________________________________
MAISTRATE/COMMISSIONER FOR OATHS
Date ________________________
34. VARIATION OF ALIMONY
…………….
MATRIMONIAL CAUSE NO: …………………………. OF 20…………..
…………………………………. APPLICANT
VERSUS
………………………………..... RESPONDENT
NOTICE OF MOTION
(Under S.25, 29 Divorce Act, Cap. 249 and S. 78 Children’s Act, Cap. 59)
TAKE NOTICE on the ……………………. Day of …………….. 20……… at
……………….. O’clock in the fore/afternoon of soon thereafter as counsel for the applicant
may be heard on an application for orders that:
a) An order to discharge, vary, modify or suspend the order for payment of maintenance as
had been determined in the main application.
b) Costs of this suit application be provided.
TAKE FURTHER notice that this application is supported by the affidavit of ……………..,
377 | P a g e
hereto annexed which shall be read and relied on at the hearing hereof and on the grounds stated
herein briefly that:
a) That the respondent lost his job and has not yet got another therefore, is no longer able
to pay the maintenance allowance.
b) That the applicant now has a job and can be able to look after herself and the children.
DATED at Kampala this ………………… day of ………………… 20………
_______________________________
RESPONDNENT
GIVEN under my hand and the seal of the Court this …….......... day of ………….. 20……
_______________________________
CHIEF MAGISTRATES
35. AFFIDAVIT IN SUPPORT
…………….
MATRIMONIAL CAUSE NO: …………………………. OF 20…………..
…………………………………. APPLICANT
VERSUS
………………………………..... RESPONDENT
1. I, …………………………… (Name and address), solemnly swear and state as follows:
2. That I am a male/female adult Uganda of sound mind.
3. That I am the respondent in the above application and as such swear this affidavit in that
capacity.
4. That in ……………………….. (Date), the applicant applied for a judicial separation
against me which was successful.
5. That the following orders were made:
a) Custody of the children was given to the applicant.

b) That I pay a monthly maintenance allowance in total of ………………… (Amount).
6. That at the time the orders were made and was employed and the applicant was a full
time housewife.
7. That now I have no job and the applicant has now got a job.
8. That I am no longer able to pay the monthly maintenance allowance.
9. That it is in the interest of justice and in the best interest of the children that I be
discharged of the payment of the maintenance as I can no longer afford it and the
applicant now has a job.
10. That whatever is deponed to is correct to the best of my knowledge and belief.
SWORN at Kampala by me …………… this ……………… day of ……………….. 20……..
BEFORE ME
…………………………………
END.
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|| ……………………….ISAAC CHRISTOPHER LUBOGO………………………………..

FAMILY LAW AND PRACTICE

© 2025 ISAAC CHRISTOPHER LUBOGO

Second edition 2025

First Edition 2022

Second Edition 2025

Second Edition published in Uganda by:

Sui Generis Publishers,

A member of Sui Generis Holdings Ltd.

Plot 15, Rubaga Road

Kampala (U), East Africa.

Tel: +256 774694058, +256 70064347

+256 784992098, +256 752 208927

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To The Lord Who Breathes Life And Spirit On Me …

Be My Guide Oh Lord Of The Entire Universe.

Blessings upon you.

"Objection My Lord" by Isaac Christopher Lubogo (Second Edition)

Editors: Mulungi Agatha

Ahimbisibwe Innocent Benjamin

(Africa Award Winning Lawyer & Author)

FAMILY LAW AND PRACTICE.......................................................................................................................................... II

PETITION FOR ADOPTION OF A CHILD. ....................................................................................................................... 160

A) The Laws Governing Domestic Relations in Uganda includes the following:

1. The Constitution of the Republic of Uganda 1995 as amended

2. The Judicature Act cap 16

3. The Civil Procedure Act Cap 282

4. The Civil Procedure Rules SI 282-1

5. The Advocates (Remuneration and Taxation of Costs) Regulations SI 295-4

6. The Magistrates Courts Act Cap 19

7. The Marriage Act Cap 146

8. The Marriage (District Registrars) Order SI 146-1

9. The Divorce Act Cap 144

10. The Divorce Act Rules SI 144-1

11. The Customary Marriages Registration Act Cap 143

13. The Marriage & Divorce of Mohammedans Act 147

15. The Marriage & Divorce of Mohammedans (Fees) Order SI 147-2

17. The Hindus Marriage and Divorce of Act Cap 145

19. The Children Act Cap 62

20. The Children (Adoption of children) Rules SI 62-1

21. The Children (Family and Children’s Court) Rules SI 62-2

22. The Succession Act Cap 162

25. The Administrator General’s Act Cap 157

26. The Administrator General’s (Fees) Rules SI 157-1

27. The Evidence Act Cap 8

TYPES OF MARRIAGES IN UGANDA

- Customary Marriages recognized majorly by The Customary Marriages Registration Act1.

- Mohammedan Marriages recognized majorly by The Marriage and Divorce of Mohammedans

FORMAL AND ESSENTIAL

The law applicable to customary marriages includes the following;

1. The Constitution of the Republic of Uganda 1995

2. The Judicature Act cap 16

3. The Customary Marriages Registration Act Cap 143

5. Case law and customary law

W HAT CUSTOMS ARE TO G OVERN THE MARR IAGE .

C A VEATS TO CELEBRATIO N OF A CUSTOMAR Y MAR RIAGE .

D IVORCE UNDER CUSTOMA RY LAW

The basic issues for discussion here include the following