0759421479 CLASS DISCUSSION QUESTIONS

Question one
Alex met Cathy Nambatya in 2014 while both were medical students at
Uganda Christian University Mukono. After watching Lukwiya in a student
quiz on TV and admiring his brilliance. Cathy could not hesitate and a hot
love affair developed between them. In 2016, Cathy and Lukwiya graduated
and immediately thereafter, they both got good jobs. In April 2017,
Nambatya introduced Lukwiya to her parents in a traditional ceremony
(usual among the baganda) where Lukwiya presented gifts including a
kanzu, gomesi, a big cock, 5 sacks of sugar, 10 crates of soda, a limb of a
cow, sofa sets and a Toyota Harrier which were considered full payment of
bride price but the marriage was never registered. At the function,
Nambatya’s parents were happy and gifted the couple with 20 acres of land
in Namataba as their start off. Lukwiya purchased a residential house in
Bugolobi where he settled his beautiful bride. In October, 2016, Lukwiya
wedded Cathy at “Come to me church” in Bugujju. The couple was in 2017
blessed with a son named Kiwedde. One evening, while Nambatya was in the
bathroom, she received a message on her mobile phone. Lukwiya read the
message which stated as follows “I wish you were here tonight; missing you
is driving me crazy” Your love Isingoma.” Nambatya rushed to the bed room
and found a furious Lukwiya. Despite his inquires, Nambatya refused to
answer saying after all her phone is private property and Lukwiya earlier
refused to buy her Iphone 13.
It later turns out that Nambatya and Isingoma had been lovers since high
school but since Lukwiya would splash money on Nambatya, they agreed
that Nambatya marries him so that they can get money from him and run
away together. That is why they stage managed the wedding at “Come to
me church” in Bugujju. The function was presided over by Kadogo a motor
dealer friend to Isingoma who married the couple without marriage bans.
Upon learning of this, Lukwiya decided to take baby Kiwedde for DNA and
found out that the child was not his. Nambatya confirmed it to be true saying
the boy was Isingoma’s son. She spoke to him harshly in public at all times
and always referred to him as a half a man in front of his family and
relatives. This went on for three years and made him feel emotionally
distressed. Nambatya could not handle Lukwiya’s depressed conduct so
decided to sleep in the boy’s quarters of their house in Bugolobi which would
enable her meet up with her Isingoma when they wished. Infact Nambatya
always persuaded their house help Kaswiti to sleep with Lukwiya to give him
company at night.

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The love bond between Lukwiiya and Kaswiti blosomed so he decided to
marry Kaswiti in a real wedding at All Saints Cathedral Kampala and the
function was presided over by the Bishop. Who declared them husband and
wife on 14th February 2021. Kaswiti and Lukwiya now live in the house in
Bugolobi and since Kaswiti is energetic and ready to farm, Lukwiya asked her
to farm on the 20 acres in Namataba where she has big gardens of cassava
and yams.
Nambatya has learned of this and is angry at Lukwiya’s actions and wants
Kaswiti out of what belongs to her!. She calls Lukwiya adulterous and a
property thief. She has resolved to move on with her life and intends to
marry her sweet Isingoma at the Registrar’s office. Lukwiya on the other
hand also believes Nambatya is a fraud and a jealous opportunist.
a) Discuss all the legal issues arising in the matter
b) Advise all the parties on any possible remedies
Question two:
a) Mr and Mrs. Davidson got married in 1980 in St Peters Church in
Ethiopia. Four years later, they came to work as missionaries with the
Pentecostal church of Uganda in Arua. Today, the two run a
missionary-based child foster care home in Arua and have been
assimilated in the community. In 2009, Mrs. Davidson swore a deed
pool and acquired the new name Ms. Akello, a Ugandan passport and
certificate of Ugandan Citizenship. She asserts that for all intent and
purposes she is now Ugandan and upon her death she should be
buried in Uganda. This followed her mutual separation with Mr.
Davidson on grounds of his unrelenting adulterous acts with the house
helps and his violent nature. She has now lodged a petition for divorce
in the High court of Arua vide Divorce cause No. 13 of 2022.
In response to her petition, Mr. Davidson’s advocates assert that the
high Court has no jurisdiction to hear the matter.
b) One Oliver comes to you saying that she has learnt that Mr. Davidson
who is a party to the above suit Divorce cause No. 13 of 2022 intends
to marry her sister Josephine Akumu aged 23 years before the
determination of the above case. That the two have already sworn
affidavits with the Registrar of marriages that they are single and a
notice of the intended marriage is placed at the Registrar’s notice
board.
c) James and Juliet met in Australia in 2015 and become lovers. James
promised to marry Juliet under a civil marriage as soon as they
returned To Uganda but instead married her under customary law in
2016. To her disappointment, it was not long before James started

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 sleeping with his secretary Mary claiming that as a man, he has every
right to sleep with as many women as he desired. James complains
that Juliet lost too much weight yet he was attracted to her “big natural
curves.” He says that he no longer finds her attractive which has
subjected him to immense emotional pain. Although Juliet still has
feelings for James, she retailed by having an affair with her ex -
boyfriend Paul. James has learnt about the affair he feels betrayed and
wants a break from Juliet but as a staunch catholic, he believes divorce
is not an option. James seeks the most appropriate remedy.

Question three:
With use of relevant legal authorities, discuss the following; -
a) circumstances under which a voidable marriage maybe approbated.
b) Restitution of conjugal rights
c) The Absolute bars to divorce
d) Licensed place of worship
e) Notice of marriage bans in marriages under the marriage Act
f) Prohibited degrees of consanguinity
a) Approbation of voidable marriages
b) Bride wealth
c) Constructive desertion
d) Restitution of conjugal rights
e) Mahar in Islamic marriages

Question four:
a) Michael and Suzan have been living together for eight years now. They
have signed a contract establishing their agreement regarding
financial matters and household duties. Michael maintains that they
are married because as he says; “marriage is a contract and we have a
contract.” Suzan believes that marriage is a religious undertaking and
wants a pastor at her Redemption Church to co- sign their contract “to
make it really a recognized marriage by the church.”
Write a legal opinion advising the couple.

b) Using relevant authorities explain the following legal effects of

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 “Marriage has no significance, it is a complete waste of time, emotions and
feelings. It has no legal effect on the parties that execute it.” Garang
Reuben. With the use of relevant authorities, discuss the veracity of the
statement.

Question six
With use of relevant legal authorities, discuss the circumstances under which
a marriage may be void or voidable.

Question Seven
With reference to the key relevant facts and legal principles, discuss the
relevance of the following cases to Family law;
i) Habyarimana v Habyarimana [1980] HCB 159
ii) Ruhara v Ruhara [1977] HCB 86
iii) Kasasa v Kasasa [1976] HCB 159
iv) Uganda Association of Women Lawyers (FIDA) & others v Attorney
General Constitutional Petition No.2 of 2003
v) Julius Rwabinumi v Hope Bahimbisomwe Supreme Court Civil Appeal
No. 10 of 2009