Wakilii

De-Wildt Eric v Mirembe Prossy (Divorce Cause 8 of 2023)

High Court · [2025] UGHC 1261 · 2025 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Petition for divorce presented by husband; respondent contested petition and proved petitioner's adultery, desertion and cruelty
Decision
Marriage dissolved by decree nisi; custody to respondent; petitioner to pay maintenance of UGX 2,500,000 per month

Observed later treatment

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Holding

Held that although the petitioner sought dissolution citing irreconcilable differences, the respondent's evidence proved the petitioner committed adultery with two women producing two children, deserted the matrimonial home since 2017, and subjected the respondent to psychological cruelty. Despite the general principle that a guilty party cannot benefit from their own wrongdoing, the court granted dissolution in the best interests of the parties and children, finding the marriage irretrievably broken down for eight years and that keeping the respondent in a sham relationship would be emotionally harmful.

Outcome

Marriage dissolved by decree nisi; custody to respondent; petitioner to pay maintenance of UGX 2,500,000 per month

Facts

The petitioner and respondent married in Jinja in 2010 and had three children aged 15, 10 and 7 years. The petitioner moved out of the matrimonial home in 2017. During the subsistence of the marriage, the petitioner committed adultery with Esther Mbabazi in Gulu and produced a child named Axel born 17 February 2018, and later with another woman called Makine in Kenya producing a child named Liam. The petitioner filed for divorce citing irreconcilable differences and a tense marital relationship. The respondent opposed the divorce, admitted the petitioner's adultery and desertion, but stated she still loved him and wanted to remain married. The petitioner continued to provide financially for the children's education and upkeep and visited them occasionally, staying in a separate room like a visitor.

Issues

  1. Whether the marriage should be dissolved on grounds of irreconcilable differences as pleaded by the petitioner.
  2. Whether the petitioner, as the guilty party who committed adultery, desertion and cruelty, can obtain a decree of dissolution.
  3. What orders should be made regarding custody, maintenance and the matrimonial home.

Orders

  • A decree nisi is issued.
  • The respondent shall keep/retain the matrimonial home at Bwenda for herself and the children.
  • The respondent shall have custody of the three children.
  • The petitioner shall have visitation rights to see the children whether they are home or at school.
  • The petitioner shall provide for the maintenance of the three children by paying their tuition, medical insurance and upkeep at a rate of UGX 2,500,000 per month.
  • The respondent shall have the costs.

Rules and key headnotes

Divorce — Guilty Party — Petitioner Proved to Have Committed Adultery, Desertion and Cruelty
Where a petitioner seeks dissolution of marriage but the respondent's evidence proves the petitioner committed adultery, desertion and cruelty, the court may treat the respondent's answer as proof that the petitioner is the guilty party and grant dissolution on those grounds notwithstanding that the guilty party brought the petition.
Divorce — Adultery — Production of Children with Other Women During Subsistence of Marriage
A husband who during the subsistence of marriage sires children with two different women commits acts of adultery constituting grounds for dissolution under section 4 of the Divorce Act Cap 144.
Divorce — Cruelty — Psychological Cruelty — Adultery and Desertion as Cruelty
Acts of adultery and desertion by a spouse amount to psychological cruelty against the other spouse and constitute grounds for dissolution of marriage.
Divorce — Best Interests of Parties and Children — Refusal to Keep Parties in Sham Marriage
Where a marriage has irretrievably broken down and one party has emotionally and physically moved on, the court will grant dissolution in the best interests of the parties and their children even where the innocent party opposes divorce, as keeping parties in a sham relationship is unhealthy and may lead to depression.

Legislation cited (1)

Full judgment

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

De-Wildt Eric v Mirembe Prossy (Divorce Cause 8 of 2023) [2025] UGHC 1261 (3 November 2025)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.