Wakilii

Nabanooba Agnes v Zibu Ronald (Divorce Cause No. 27 of 2019)

High Court · [2026] UGHCFD 72 · 2026 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Petition for divorce filed in the High Court Family Division seeking dissolution of customary marriage and distribution of matrimonial property
Decision
Marriage dissolved by decree nisi; five properties identified as matrimonial and distributed between the parties based on current exclusive occupation

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 customary marriage on grounds of adultery after finding that the respondent fathered children with women he was not customarily married to during the subsistence of his marriage to the petitioner. The court identified five properties as matrimonial despite the respondent's polygamous marriage, distributed them based on exclusive control and residential needs of the respondent's multiple families, and declined to order costs.

Outcome

Marriage dissolved by decree nisi; five properties identified as matrimonial and distributed between the parties based on current exclusive occupation

Facts

The petitioner and respondent entered into a customary marriage in 2000 and lived together at Kawaala Zone in Kampala. They had three children together. During the marriage, the parties jointly acquired five properties. The petitioner alleged that the respondent committed adultery by cohabiting with another woman in Nansana and engaging in extramarital affairs. The respondent admitted being polygamous under customary law and acknowledged having children with two women he was not customarily married to—Atukundwa Maureen and Nangendo—during his marriage to the petitioner. In 2014, the petitioner moved to Wakiso with their three biological children. Around 2020, the parties reached an amicable settlement in the Mengo Chief Magistrate's Court regarding some properties, though the respondent later disputed this. The petitioner testified that she contributed to the acquisition and development of all five disputed properties through proceeds from the family poultry business, collection of rental income, physical labour including brick-laying and renovation work, and managing the properties. The respondent contested her contributions and claimed sole acquisition of most properties.

Issues

  1. Whether there are any grounds for divorce.
  2. Whether there are any matrimonial properties, and if so how should the same be distributed.
  3. What remedies are available to the parties.

Orders

  • The customary marriage between the Petitioner and the Respondent is hereby dissolved on the ground of adultery by the Respondent and a Decree Nisi is accordingly issued.
  • All the five properties listed are matrimonial.
  • The Respondent shall retain the 1st property located in Kasubi L.C.1, Zone II, Kasubi Parish, Rubaga Division, Kampala District, where his wife, Robinah Namusoke and her children reside.
  • The Petitioner shall retain the 2nd property, located in Kawaala Central L.C.1, Kasubi Parish, Rubaga Division, Kampala District, which is currently under her exclusive and full control.
  • The Respondent shall retain the 3rd property, located at Kawaala Zone II, Kasubi Parish, Rubaga Division, Kampala District, which is currently under his exclusive and full control.
  • The Respondent shall retain the 4th property, located at Ochieng Zone, Nansana Municipality, Wakiso District, where he currently lives with his other wife, Ms. Faith Nantambi.
  • The Petitioner shall retain the 5th property, located in Kisimbiri Village, Kisimbiri Parish, Wakiso Town Council, Wakiso District, which is currently under her exclusive and full control.
  • Each party shall bear its own costs.

Rules and key headnotes

Customary Marriage — Validity — Registration
Non-registration of a customary marriage does not invalidate it where the necessary customary traditional ceremonies of the parties' tribe have been fully performed.
Divorce — Grounds — Adultery in Polygamous Customary Marriage
A man married under customary law commits adultery when he has sexual intercourse with a woman other than his customarily married wives, regardless of whether that other woman is married or single.
Matrimonial Property — Definition — Joint Contribution
Matrimonial property includes property to which spouses jointly contribute, whether the contribution is direct and monetary or indirect and non-monetary, and such property is subject to distribution upon dissolution of marriage.
Matrimonial Property — Individual Property Rights — Constitutional Protection
The constitutional right to own property individually under Article 26(1) of the Constitution is preserved even within marriage, and married persons retain the right to own separate property in their individual names unless they execute legal instruments transferring such property into joint or sole ownership in favour of their spouse.
Matrimonial Property — Distribution — Polygamous Marriage
In distributing matrimonial property arising from a polygamous customary marriage, the court must balance the entitlement of the petitioning spouse against the risk of rendering other wives and children homeless, and may distribute properties based on current exclusive occupation and residential needs of the respective families.
Matrimonial Property — Burden of Proof — Contribution
Where property is registered in the sole name of one spouse, the beneficial share of the other spouse depends on their respective contributions toward the acquisition of the property, which may be established through evidence of financial contributions from joint businesses, physical labour in construction or renovation, and management of rental income.

Legislation cited (5)

Cases cited (7)

  • Negullu Milly Eva v Dr. Sserugo Solomon (Civil Appeal No. 103 of 2013)
  • Uganda Association of Women Lawyers & Others v Attorney General (Constitutional Petition No. 2 of 2000)
  • Nemezio Aiiya v Sabina Onziya Ayiiya (Divorce Cause No. 8 of 1973)
  • Julius Rwabinumi v Hope Bahimbisomwe (SCCA No. 10 of 2009)
  • Muwanga v Kintu (High Court Divorce Appeal No. 135 of 1997)
  • Kismore versus Kamote [2000] 1 EA 81
  • Ayiko Mawa Solomon v Lekuru Annel Ayiko (Divorce Cause No. 1 of 2015)

Full judgment

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

Nabanooba Agnes v Zibu Ronald (Divorce Cause No. 27 of 2019) [2026] UGHCFD 72 (9 July 2026)
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.