Mayambala v Mayambala (Divorce Cause No.3 of 1998) [1998] UGHC 16 (3 November 1998)

Flynote

Family Law|Matrimonial Property Law

Case summary

The court considered whether the respondent was guilty of matrimonial offenses, whether the petitioner is entitled to the expenses incurred on the education and maintenance of the children, whether she contributed to the construction of the house and the damages. The court held that adultery was proved with the child born out of the wedlock and with the proof of cruelty and threat to life, the decree nisi was issued. That the matrimonial property even if it belonged to the respondent, the plaintiff had substantially contributed to the construction of the suit property. That though in law, when one contributes to the purchase of another’s property that doesn’t entitle them to a share, equity calls for the appropriation of the share. The court awarded the plaintiff maintenance, 70% share of the matrimonial property and compensation for the expenses on the children.

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