Olango Proscovia v Robin Meaton (Civil Suit No. 1 Of 2008) (Civil Suit No. 1 of 2008) [2008] UGHC 112 (20 November 2008)

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT GULU

HCT – 02 – CV – DP – 0001 – 2008

OLANGO PROSCOVIA:::::::::::::::::::::::::::PETITIONER

VERSUS

ROBIN MAETON::::::::::::::::::::::::::::::::::RESPONDENT

BEFORE: HON. JUSTICE REMMY K. KASULE

JUDGMENT

The petitioner petitioned this court for annulment of her marriage to the respondent. The petitioner is a Ugandan and respondent Danish.

The marriage was celebrated on 7^th July 2006, in Copenhagen Denmark.

For some considerable time since the celebration of the marriage, both petitioner and respondent have lived apart forcing the petitioner to return to Uganda, while the respondent had remained in Europe.

Court received the testimonies of the petitioner and respondent in court, and saw their respective demeanours. Court is satisfied that the marriage between the two is irretrievably broken by reason of their deserting each other and a dearth of love and affection towards each other.

Accordingly a Decree Nisi dissolving the marriage is hereby issued, the same to be made absolute, subject to the parties so moving court, within six(6) months from the date hereof.

Pursuant to the dissolution of the marriage and with the agreement of both petitioner and respondent as well as their respective counsel, it is ordered that:-

1. The petitioner pays shs 10,000,000/=(ten million only ) to the respondent being payment for the share of the respondent in the matrimonial property comprising of land and a house at Ariaga, Gulu District, Uganda.

2. The payment of shs 10,000,000/= (ten million only) shall be in two equal installments of shs. 5,000,000/= each payable on 28.11.2008 and 28.01.2009, the payment to be effected upon the respondent’s

Account: IBAN: DK 2070310000139475

BIC – KODE: SYBKDK 22 (swift-address)

3. On receipt, through his counsel or directly, of payment in full of the shs. 10,000,000/= (ten million only), the respondent shall cease to have any claims whatsoever in the said matrimonial property at Ariaga, and ownership of the same shall absolutely vest in the petitioner.

4. None of the parties to this petition, shall as of the date of this Judgment, except subject to the Decree Nisi, being by consent of both parties made otherwise, other than absolute; and also subject to 1, 2 and 3 above, shall claim any interest or any rights whatsoever in the property of another, be it real or intellectual.

5. No alimony is to be paid by any of the parties to the petition to the other.

6. A restraining order is hereby issued to each of the parties to the petition to restrain oneself from abusing, being derogatory and/or interfere towards each other, without the express consent of that other.

It is also ordered, that each party bears its own costs of the petition.

.................................................

Remmy K. Kasule

Judge

21^st November 2008