Anne Musisi v Herbert Musisi & Anor (Divorce Cause No.14 of 2007) (Divorce Cause No.14 of 2007)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Marriage dissolved on grounds of admitted adultery and irretrievable breakdown. Custody arranged on shared basis prioritizing children's welfare: older children to split holidays equally between parents; younger children to reside with mother with increased father access. School fees and maintenance to be paid equally by both parents. Matrimonial property including Munyonyo house and proceeds from Busoke property to be divided equally. Respondent ordered to account for trust fund withdrawals. Co-respondent to pay half petitioner's costs.

Outcome

Marriage dissolved; children's custody and maintenance arranged on shared basis; matrimonial property to be divided equally

Facts

Anne Musisi and Herbert Musisi married on 19 January 1991 at St. Mary's Church, Toddington, United Kingdom. Four children were born of the marriage between 1991 and 2000. The respondent committed adultery with Lona Kiema, the co-respondent, with whom he was living at the time of the petition. The parties separated and had lived apart for over two years. The couple acquired property during the marriage including a house at Munyonyo (the matrimonial home), property at Busoke (Kyaggwe Block 391 Plot 52), and a motor boat. The respondent disposed of the Busoke property without informing the petitioner and withdrew money from a UK trust account established for the older children without accounting to the petitioner. At the time of the petition, the two older children attended boarding school in Kenya while the two younger children attended Rainbow International School in Kampala. The older children spent holidays primarily with their father while the younger children lived with their mother.

Issues

1. Whether the ground of adultery was established for dissolution of marriage.
2. Whether the marriage had irretrievably broken down.
3. What custody arrangements should be made for the four children of the marriage.
4. How should maintenance and school fees for the children be apportioned between the parties.
5. How should the matrimonial property be distributed between the parties.

Orders

• Decree dissolving the marriage granted.
• Older children (Kiwanuka and Mirembe) to spend half school holidays with petitioner and half with respondent, with each parent having visitation rights during the other's custody period.
• Younger children (Maya and Zara) to continue living with petitioner, with respondent having visitation rights and children to spend half school holidays with respondent.
• Maintenance of children to be shared responsibility between petitioner and respondent.
• Respondent to pay petitioner half the proceeds from sale of Kyaggwe Block 391 Plot 52 at Busoke.
• Matrimonial property at Munyonyo to be sold and proceeds shared equally after independent valuation.
• Respondent to refund money withdrawn from Trust Fund after accounting for money spent on school fees.
• Motor boat to be sold and proceeds shared equally.
• Petitioner and respondent each to bear own costs.
• Co-respondent to pay half the petitioner's costs.

Rules and key headnotes

Legislation cited (2)

• Divorce Act s.4
• Constitution of the Republic of Uganda art.31(1)

The original judgment as reported. Read the original PDF before relying on any passage.