Nakiryowa Mabikke v Mabikke (Divorce Cause 68 of 2020)

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

Marriage dissolved on grounds of cruelty and adultery. Petitioner granted primary custody of minor children with respondent granted visitation rights. Kansanga home declared matrimonial property with petitioner granted occupation until youngest child turns 18, after which parties share 50/50; Buziga property retained by respondent. Respondent ordered to pay UGX 3,000,000 monthly maintenance and cover medical expenses until children turn 18, plus school fees as specified. Non-molestation order refused for failure to discharge burden of proof. Costs awarded to petitioner.

Outcome

Marriage dissolved; petitioner granted custody and occupation of matrimonial home; respondent ordered to pay maintenance and costs

Facts

Parties married on 9 September 2005 at Our Lady of Mt. Carmel Kansanga, Kampala, and had three children aged 20, 14, and 10 at time of judgment. Petitioner alleged respondent's cruel and adulterous conduct, including constant belittling before children and household staff, adultery with two women (Beatrice Kizza Kenzy with whom he fathered children, and Antonia Tibugulwa whom he referred to as his wife), and minimal financial contribution to family. Petitioner testified she paid household bills, food, and school fees from 2008 onwards. During marriage, parties acquired homes in Kansanga and Buziga. Petitioner contributed UGX 150,000 monthly from 2002-2004 salary toward Kansanga home construction and continued sending money from UK during studies. She hosted respondent's political campaign meetings at Kansanga home and fed construction workers for Buziga property. Respondent failed to file reply despite service attempts; matter proceeded exparte.

Issues

1. Whether there are any grounds for dissolution of the marriage.
2. Whether the Petitioner should be granted custody and the Respondent granted visitation rights.
3. Whether the parties have matrimonial property and if yes whether the Petitioner is entitled to a share.
4. Whether both parties should contribute for the maintenance for the issues of the marriage.
5. Whether a non-molestation order should be issued against the Respondent.
6. Whether the Respondent should be ordered to pay costs.

Orders

• Marriage between Rosette Tabitha Nakiryowa Mabikke and Michael Mabikke dissolved.
• Petitioner granted primary custody of minor children.
• Respondent granted visitation rights at place agreed by petitioner, with date and time agreed in advance.
• Respondent allowed physical custody of minor children 2 weekends (Friday-Sunday) per month during school term.
• During school holidays, parties share 50/50 custody of minor children.
• Minor children alternate between parents for celebrated holidays (Christmas, Easter, Eid etc).
• Petitioner allowed to occupy Kansanga home uninterrupted until youngest child attains age 18, after which parties share equally 50/50.
• Any rental income from Kansanga home shared 50/50 by parties.
• Respondent retains ownership of Buziga property.
• Respondent to cover medical expenses of minor children until they attain age 18.
• Respondent to pay UGX 3,000,000 per month as maintenance for minor children until they attain age 18.
• Petitioner and Respondent each pay 50% of tuition fees of Mabikke William Grace until he completes Bachelor's Degree.
• Respondent to pay school fees of Mabikke Jerome Leo until he completes Senior 6, after which parties each pay 50% for further education.
• Respondent to pay school fees of Nakimuli Megan Gazelle until she completes PLE, after which parties each pay 50% for further education.
• Respondent to bear costs of the petition.

Rules and key headnotes

Legislation cited (9)

• Constitution of Uganda 1995 Article 31(1)
• Constitution of Uganda 1995 Article 31(4)
• Divorce Act s.4
• Divorce Act s.29
• Children Amendment Act s.3
• Children Amendment Act s.3(1)
• Children Act s.76
• Evidence Act s.101
• Family Law Act (UK) 1996 s.42(1)

Cases cited (16)

• Uganda Association of Women Lawyers and Others v Attorney General (Constitutional Petition No. 2 of 2003)
• Habyarimana v Habyarimana [1980] HCB 139
• Bishop Kiganda David v Hadija Nasejje Kiganda (Divorce Cause No. 42 of 2011)
• Nyakairu v Nyakairu [1970] HCB 261
• Habre International Co. Ltd v Ebrahim Alakaria Kassam and Others (SCCA No. 4 of 1999)
• Deborah Joyce Alitubeera and Richard Masaba (Infants) (Civil Appeal No. 70 of 2011)
• Pulkeria Nakagwa v Dominiko Kiggundu [1978] HCB 310
• In the Matter of Ayla Mayanja (an infant) (Misc. Application No. 20 of 2003)
• Rwabinumi v Bahimbisomwe (Civil Appeal No. 10 of 2009)
• Muwanga Vs. Kintu (supra)
• Joseph Ombogi Ogentoto v Martha Ogentoto (Petition No. 11 of 2020)
• Ambayo Joseph Waigo v Aserua Jackline (CACA 0100 of 2015)
• PNN v ZWN (Civil Appeal No. 128 of 2014)
• Muwanga v Kintu (Divorce Cause Appeal No. 135 of 1997)
• Kivuiti v Kivuiti [1990-1994] EA 270
• Hon. George Patrick Kasaija v Fredrick Ngobi Gume and the Electoral Commission (EPA No. 68 of 2016)

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