Wakilii

Senait Shebatu Weldemariam v Semere Derar Hagos (Divorce Cause No. 49 of 2024)

High Court · [2025] UGHCFD 183 · 2025 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Petition for divorce heard ex parte after respondent failed to appear
Decision
Decree nisi granted dissolving the marriage; custody of minor children awarded to petitioner with respondent retaining visitation rights and financial obligations

Observed later treatment

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Holding

The High Court granted a decree nisi dissolving the marriage on grounds of adultery and cruelty. The petitioner proved the respondent committed adultery resulting in a child born in 2017 during the subsistence of the marriage, and subjected her to physical and verbal abuse. The court awarded custody of the two minor children to the petitioner, with the respondent retaining visitation rights and financial obligations for school fees, clothing, and monthly maintenance of UGX 300,000.

Outcome

Decree nisi granted dissolving the marriage; custody of minor children awarded to petitioner with respondent retaining visitation rights and financial obligations

Facts

The parties were married in Eritrea on 9 June 2001 and registered on 23 August 2002. They lived together in Kampala since 2007 and have four children. The petitioner alleged the marriage irretrievably broke down due to the respondent's adultery and cruelty. The respondent fathered a child with another woman, Azeb Bayou, born 2 February 2017 in Ethiopia during the subsistence of the marriage. The petitioner reported domestic violence to Kabalagala Police Station (CRB 1419/2024). The respondent failed to provide for the family since 12 September 2022, leaving the petitioner to bear all expenses. The respondent filed a reply confirming the marriage had broken down but did not appear at trial. The court proceeded ex parte.

Issues

  1. Whether the marriage between the parties should be dissolved?
  2. What remedies are available to the parties?

Orders

  • A Decree Nisi is hereby issued, and should the parties not reconcile within the next six months, it will be made absolute, thereby dissolving the marriage between the parties.
  • The petitioner shall have custody of the minor children, Sirak Semere Derar (age 15 years) and Snit Semere Derar (age 8 years).
  • The Petitioner shall provide general upkeep for the children, including food and basic toiletries, and pay water and electricity bills.
  • The Respondent shall have visitation rights over the children during weekends and holidays on agreed days with unlimited access in case of serious illness.
  • The Respondent shall provide tuition and all the school requirements for the minor children.
  • The Respondent shall buy clothing and shoes for the minor Children.
  • The respondent shall contribute shs. 300,000/= (three hundred thousand shillings) per month towards general welfare for the children.
  • No order as to costs.

Rules and key headnotes

Family Law — Divorce — Proof of Valid Marriage — Foreign Marriage Certificate
A civil marriage certificate issued by a foreign registration authority and filed as evidence is admissible to prove the existence of a valid marriage under Section 31 of the Marriage Act Cap. 146 and Section 60 of the Evidence Act Cap. 8, which permit proof of marriage by certified copies of marriage certificates.
Family Law — Divorce — Grounds — Adultery — Standard of Proof
The standard of proof for adultery in divorce proceedings is slightly higher than the balance of probabilities applicable in ordinary civil cases but does not require proof beyond reasonable doubt. Adultery may be inferred from circumstances which lead to it by fair inference as a necessary conclusion, and the birth of a child to the respondent with another person during the subsistence of the marriage constitutes sufficient proof of adultery.
Family Law — Divorce — Grounds — Cruelty — Definition and Proof
Cruelty in matrimonial proceedings has no statutory definition but is established by case law as conduct that produces actual or apprehended injury to the petitioner's physical and mental health. Cruelty may take various forms including physical and verbal abuse, emotional neglect, threats, insults, and manipulation, and may be proved by police reports of domestic violence and witness testimony.
Family Law — Divorce — Custody of Children — Welfare Principle
Under Section 29 of the Divorce Act Cap. 144, the court has discretion to make orders regarding custody of minor children at any stage of divorce proceedings, and the paramount consideration is the welfare of the children. Where one parent has borne the primary responsibility for the children's care during a troubled relationship and the other parent has failed to provide for the children's basic needs, custody should be awarded to the parent who has demonstrated consistent care.

Legislation cited (10)

Cases cited (4)

  • Uganda Association of Women Lawyers (FIDA) & 5 Others v Attorney General (Constitutional Petition No. 2 of 2002)
  • Veronica Habyarimana v Perfect Habyarimana [1980] HCB 139
  • Dr. Specioza Kazibwe (supra)
  • Rydon on Divorce, 6th Edn, page 115

Full judgment

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

Senait Shebatu Weldemariam v Semere Derar Hagos (Divorce Cause No. 49 of 2024) [2025] UGHCFD 183 (26 November 2025)
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.