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HC: Family Division (Uganda)

The Family Division was created in April 2005 as a division of the high court that handles: Administration causes, Family causes, (Adoption, Guardianship, Affiliation/maintenance), Miscellaneous causes, Miscellaneous applications, Civil appeals, Civil suits, Originating summons, Civil revisions and Divorce cases.

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Makindye Chief Magistrates' Court at Mobutu Road .

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https://judiciary.go.ug/data/smenu/15/Family%20Division.html

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Citation	Judgment date
September 1974
Nemezio Aiiya v Sabina Onziya Aiiya (Divorce Jurisdiction Cause No. 8 of 1973) [1974] UGHCFD 1 (6 September 1974) High Court may dissolve customary marriages; part-payment of dowry can suffice if the bride’s family waives the balance; adultery proved, decree nisi granted. • Constitutional & Civil procedure – High Court jurisdiction – matrimonial causes – customary marriages. • Family law – applicability of the Divorce Act to customary marriages; procedure where Act is silent. • Customary law – validity of customary marriage where dowry partly paid – effect of waiver or acquiescence. • Divorce grounds – adultery proved by birth of child conceived during separation; joinder of co-respondent not fatal where good-faith mistake. • Remedies – decree nisi, costs, return of dowry (monetary equivalent), maintenance for children; alimony pendente lite withheld for guilty spouse.	6 September 1974

Citation

Judgment date

September 1974

Nemezio Aiiya v Sabina Onziya Aiiya (Divorce Jurisdiction Cause No. 8 of 1973) [1974] UGHCFD 1 (6 September 1974)

High Court may dissolve customary marriages; part-payment of dowry can suffice if the bride’s family waives the balance; adultery proved, decree nisi granted.

• Constitutional & Civil procedure – High Court jurisdiction – matrimonial causes – customary marriages. • Family law – applicability of the Divorce Act to customary marriages; procedure where Act is silent. • Customary law – validity of customary marriage where dowry partly paid – effect of waiver or acquiescence. • Divorce grounds – adultery proved by birth of child conceived during separation; joinder of co-respondent not fatal where good-faith mistake. • Remedies – decree nisi, costs, return of dowry (monetary equivalent), maintenance for children; alimony pendente lite withheld for guilty spouse.

6 September 1974