Wakilii

Kakuuma Joel v Juliet Aleso (Divorce Cause 2 of 2020)

High Court · [2023] UGHC 225 · 2023 Petition Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Divorce petition heard exparte after respondent failed to file answer or appear
Decision
Marriage dissolved; custody application dismissed for lack of proof of paternity

Observed later treatment

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Holding

The High Court dissolved a marriage on grounds of desertion and cruelty after the respondent failed to appear. The court found that the respondent deserted the matrimonial home in 2017 and moved to a different district. The adultery ground failed for not being properly pleaded. The court denied custody of the child to the petitioner due to lack of proof of paternity, as no birth certificate was produced to establish the petitioner as the father.

Outcome

Marriage dissolved; custody application dismissed for lack of proof of paternity

Facts

The petitioner and respondent married on 26 January 2008 at Jinja Kingdom Hall under the Marriage Act. They cohabited for close to 10 years at Wanyange, Jinja District, and had one child, Jessica Kirabira. In 2017, the respondent deserted the matrimonial home and moved to Olemai Village, Kalaki District. The petitioner alleged the respondent was physically and verbally abusive, stole household property including a gas plate and money worth UGX 400,000, and eloped with another man. The respondent did not file an answer to the petition, did not attend court hearings or mediation, and the matter proceeded exparte. The petitioner sought dissolution of the marriage, custody of the child, and general damages.

Issues

  1. Whether there was a valid marriage between the petitioner and the respondent.
  2. Whether the respondent committed the matrimonial offences of desertion, cruelty and adultery.
  3. Whether the petitioner is entitled to the reliefs sought.

Orders

  • The marriage between the petitioner and the respondent is dissolved.
  • The petitioner is denied custody of Jessica Kirabira.
  • No costs awarded.

Rules and key headnotes

Divorce — Desertion — Proof of Desertion
Desertion is established where a spouse leaves the matrimonial home without the consent of the other spouse and for no reasonable cause, and the parties remain separated with no prospect of reconciliation.
Divorce — Cruelty — Definition and Scope
Cruelty amounts to any conduct which has the effect of producing actual or apprehended injury to the petitioner's physical and mental health, and the mere fact that a respondent leaves the matrimonial home can amount to cruelty.
Pleadings — Unpleaded Grounds — Exparte Proceedings
In exparte proceedings, a court will not condemn a respondent on a ground that was not pleaded in the petition, even if evidence is led on it, where the respondent is unaware of the ground and has had no opportunity to respond.
Burden of Proof — Uncontroverted Evidence — Assessment
Uncontroverted evidence must still be assessed by the court to determine what assistance can be derived from it, viewed in the context of the circumstances of the case as a whole; the obligation to assess evidence does not fall away merely because it is uncontroverted.
Custody — Proof of Paternity — Burden of Proof
A petitioner seeking custody of a child must prove paternity; where no birth certificate or other documentary evidence is produced to establish that the petitioner is the father of the child, the court cannot grant custody.

Legislation cited (3)

Cases cited (8)

  • Uganda Association of Women Lawyers & 5 Others v Attorney General (Constitutional Petition No. 2 of 2003)
  • Bishop David Kiganda v Hadijjah Nasejje Kiganda (Divorce Cause No. 42 of 2011)
  • Specioza Wandira Kazibwe v Charles Nsubuga Kazibwe (Divorce Cause No. 3 of 2003)
  • Veronica Habyarimana v Habyarimana (1980) HCB 139
  • Lucas Bally v Florence Kiconco (Divorce Cause No. 11 of 2008)
  • Geresom Rwambogo v Tereza Kyatifu (Civil Appeal No. 55 of 2009)
  • Anglo Fabrics (Bolton) Ltd & Another v African Queen Ltd & Another (HCCS No. 632 of 2006)
  • Griffiths v TUI UK Ltd [2021] EWCA Civ 1442

Full judgment

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

Kakuuma Joel v Juliet Aleso (Divorce Cause 2 of 2020) [2023] UGHC 225 (2 May 2023)
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.