Mutengu v Mutengu & Anor (Misc. Application No. 347 of 2002)

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

Parties settled a dispute over equitable interest in matrimonial property through consent order. The plaintiff agreed to pay UGX 7,000,000 to the second defendant in installments in exchange for transfer of the suit property free of encumbrances.

Outcome

Matter settled by consent order providing for installment payment and property transfer

Facts

The plaintiff sued the defendants for a declaration that she had an equitable interest in matrimonial property comprised in MRK 994 Folio 10 Plot No. 1000 Bukoto. She sought an order restraining the defendants from selling the matrimonial home without providing adequate shelter to her and her children, or alternatively, an order directing the first defendant to pay 50% of the purchase price as her contribution to developing the land and building. When the suit came for hearing on 22 May 2003, the plaintiff's counsel and the second defendant's counsel agreed to settle the case on terms set out in their consent order dated 20 May 2003.

Orders

• The plaintiff shall pay UGX 7,000,000 to the 2nd defendant in seven installments from May 2003 to November 2003.
• Upon full payment, the property comprised in LRV 1994 Folio 10, Plot 1000 Bukoto shall be transferred by the 2nd defendant to the plaintiff free of any encumbrances.
• The 2nd defendant shall have the suit property released from any encumbrances before the payment of the last installment.
• The Registrar of Titles is authorised to transfer the suit property to the plaintiff upon proof of compliance with the terms.
• Each party shall bear his/her own costs.

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