Wakilii

Sikander Hussein Mohammed Kassam v Nezihe Izmiroglu Kassam (Miscellaneous Cause 15 of 2026)

High Court · [2026] UGHCFD 57 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex parte application for declaratory order confirming dissolution of Mohammedan marriage already dissolved by Sharia Court
Decision
Dissolution of marriage confirmed by High Court order

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court has jurisdiction under section 98 of the Civil Procedure Act and section 37 of the Judicature Act to grant a confirmatory order recognising a dissolution of marriage effected by a Sharia Court, notwithstanding the absence of enabling legislation operationalising Qadhi courts under Article 129(1)(d) of the Constitution. Sharia courts operate in practice and their decisions are recognised in Uganda.

Outcome

Dissolution of marriage confirmed by High Court order

Facts

The Applicant (Ugandan citizen) and Respondent (Turkish national) contracted a Mohammedan marriage on 6 August 2021, duly registered on 18 August 2021. The parties lawfully divorced through the Uganda Muslim Supreme Council and the divorce was registered with NIRA on 11 December 2025. The Applicant sought a High Court declaratory order confirming the dissolution, stating that such an order was necessary for international use and reference given the Respondent's Turkish nationality.

Issues

  1. Whether the High Court has the mandate to grant the reliefs sought.
  2. Whether the Applicant is entitled to the reliefs sought.

Orders

  • It is hereby confirmed that the Applicant Sikander Hussein Mohammed Kassam and the Respondent Nezihe Izmiroglu Kassam dissolved their marriage on the 4th August 2025 before the Sharia Court of the Uganda Muslim Supreme Council.
  • There shall be no order as to costs.

Rules and key headnotes

Family Law — Mohammedan Marriage — Dissolution by Sharia Court — Recognition by High Court
The High Court has jurisdiction under section 98 of the Civil Procedure Act and section 37 of the Judicature Act to grant a confirmatory order recognising a dissolution of marriage effected by a Sharia Court, notwithstanding the absence of enabling legislation operationalising Qadhi courts under Article 129(1)(d) of the Constitution.
Constitutional Law — Judicial Power — Qadhi Courts — Recognition in Absence of Enabling Legislation
Although Parliament has not enacted enabling legislation to give effect to Article 129(1)(d) of the Constitution establishing Qadhi courts, Sharia courts operate in practice and their decisions are recognised in Uganda where parties profess the Mohammedan faith.
Statutory Interpretation — Marriage and Divorce of Mohammedans Act — Section 19 — High Court Jurisdiction
Section 19 of the Marriage and Divorce of Mohammedans Act Cap 147 confers jurisdiction on the High Court to grant reliefs under Mohammedan law where a marriage was declared valid under that Act, and the Divorce Act does not apply to such marriages.

Legislation cited (7)

Cases cited (3)

  • Bunkeddeko v Bunkeddeko (Civil Appeal No. 5 of 2021)
  • Sumaya Nabawanuka v Medi Makumbi (Divorce Cause No. 39 of 2011)
  • Kinalwa Jamila & Another v Asuman Bakali (HCMA No. 427 of 2014)

Full judgment

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

Sikander Hussein Mohammed Kassam v Nezihe Izmiroglu Kassam (Miscellaneous Cause 15 of 2026) [2026] UGHCFD 57 (29 April 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.