Wakilii

Kiganda v Nasejje (Divorce Cause No. 42 of 2011)

High Court · [2012] UGHC 151 · 2012 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Petition for dissolution of marriage heard ex parte after respondent failed to file answer
Decision
Marriage dissolved by decree nisi; petitioner granted custody of minor child

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted a decree nisi dissolving the marriage after finding the respondent committed adultery with multiple men including Hussein Mukwasi, based on the respondent's written admission in a separation agreement and witness testimony. The court granted custody of the minor child to the petitioner, finding no reason to disturb the custody arrangement in place since 2006.

Outcome

Marriage dissolved by decree nisi; petitioner granted custody of minor child

Facts

The parties married on 27 October 1991 at Victory Christian Center Ndeeba after cohabiting and produced five children. In 2006, the respondent became involved in an adulterous relationship with Hussein Mukwasi and others. The respondent confessed in church and signed a separation agreement on 29 September 2006 admitting adultery with diverse men. The parties separated in September 2006. The petitioner has had custody of the youngest child, Kiganda Joshua Yatulwanira, since the separation. The respondent did not file an answer to the petition and the hearing proceeded ex parte.

Issues

  1. Whether the petitioner is entitled to dissolution of the marriage on grounds of adultery.
  2. Whether the petitioner should be granted custody of the minor child.

Orders

  • A Decree nisi is hereby issued for the dissolution of the marriage between the Petitioner and the Respondent.
  • The Petitioner is granted custody of the child Kiganda Joshua Yatulwanira.
  • There is no order as to costs.

Rules and key headnotes

Divorce — Adultery — Standard of Proof
Adultery is consensual sexual intercourse during the existence of a marriage between a married person and a person of the opposite sex not being the husband or wife of that married person, and may be proved by either direct or circumstantial evidence to the satisfaction of the court.
Adultery — Circumstantial Evidence — Inference from Circumstances
In allegations of adultery it is not necessary to prove the direct act of adultery, as the fact may be inferred from the circumstances as a necessary conclusion since parties are rarely surprised in the act of adultery.
Child Custody — Paramount Principle — Welfare of the Child
The paramount principle in cases of custody is the welfare of the child, and a court will not interfere with an existing custody arrangement that serves the child's welfare absent compelling reasons.

Legislation cited (1)

Cases cited (2)

  • Nyakairu v Nyakairu [1979] HCB 261
  • Habyarimana v Habyarimana (1980) HCB 139

Full judgment

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

Kiganda v Nasejje (Divorce Cause No. 42 of 2011) [2012] UGHC 151 (2 August 2012)
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.