Sarah Sekyejwe v Ali Nsereko (Miscellaneous Cause No. 85 of 2024)

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

The court declined to determine the application by affidavit evidence. Where an applicant seeks property distribution following divorce, including severance of joint tenancy, vesting orders, and accounting for rental income, the matter requires oral testimony under Orders 7 and 8 of the Civil Procedure Rules. The court invoked Judicature Act s.37 and ordered the applicant to file an ordinary plaint within two weeks.

Outcome

Application dismissed with leave to file an ordinary plaint within two weeks; costs order made conditional on default

Facts

The applicant and respondent married on 17 May 2008 and divorced on 18 December 2020 in the United Kingdom. They are registered as joint proprietors of land at Kyadondo Block 197 plot 571 at Kitetika, which served as their matrimonial home. They also claim to be co-purchasers of land at Kyadondo Block 206 plot 3100 at Mpererwe, a rental property generating monthly income of UGX 1,500,000 since 2019. The applicant alleged that the respondent collected all rental income since 2019 without sharing proceeds and moved another woman into the matrimonial home after the divorce. The applicant sought severance of both properties, compensation for her half share, a declaration of joint ownership of the Mpererwe property, and payment of half the rental income since January 2019. The respondent disputed the claims, asserting he solely purchased both properties without the applicant's contribution and that the applicant's mother, who worked at the Ministry of Lands, added the applicant's name to the Kitetika title without his consent.

Issues

1. Whether the application for severance of jointly owned property should be determined by way of affidavit evidence or by ordinary plaint with oral testimony.

Orders

• Counsel for the applicant to file an ordinary plaint in respect of the suit property within two weeks from 19th November 2024.
• Counsel for the applicant to serve summons and the plaint on the respondent.
• In case of default, counsel for the applicant shall personally pay the costs of this application to the respondent.

Rules and key headnotes

Legislation cited (7)

• Constitution of the Republic of Uganda Article 26
• Judicature Act s.33
• Judicature Act s.37
• Civil Procedure Act s.98
• Civil Procedure Rules Order 52 rules 1 & 2
• Civil Procedure Rules Order 7
• Civil Procedure Rules Order 8

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