Uganda

Here, the Court held that the termination of a marriage should lead to the division of matrimonial property between the two spouses. This rule applies when both spouses have contributed, financially or otherwise, toward the acquisition of the property. In this case, even though the marriage between the two partners was declared void, the Court held that the two matrimonial properties should be divided between the partners. The Court also held that custody arrangements should not excessively restrict the access of one parent to the child.

The trial court sentenced the 25-year-old Appellant to 17 years in prison after finding him guilty of raping a 70-year-old widow from a neighboring village.  The trial court rejected the defense that he was not in her village at the time of the rape.  The trial court found that in November 1998 the Appellant broke into the home of the victim, who confronted him with a panga (machete).  While raping her after disarming her, the victim called out and the Appellant, worried about being caught, fled with her panga.  The police found the panga in his home the next day and he

The petitioner requests a divorce from the respondent and money to care for the parties’ daughter, for whom the petitioner is the sole caregiver.

The appellant was convicted of having carnal knowledge of a person against the order of nature (i.e., homosexual sex acts, in this case anal sexual intercourse) in violation of section 145 of the Penal Code Act.  On appeal, appellant’s counsel emphasized the State offered no evidence of penetration, that corroboration is necessary in cases of sexual offenses, and the compromised credibility of several material prosecution witnesses, including a complainant.  Four years before the trial when he was 17 or 18, the complainant testified that he went to the Appellant’s home for a party

The Land Act, after amendments, protects a spouse’s occupancy of family land and requires their consent for any transaction involving the land on which they live or use for sustenance, but does not provide for automatic co-ownership between spouses.  Any decision that unconstitutionally disfavors the property rights of women and children is invalid.  The Act also requires that land management mechanisms have at least 1/3 female members.

2004 Amendments (spousal rights added)

Petitioners challenged the tribal practice of female genital mutilation and argued that it is inconsistent with the Ugandan Constitution. They argued that the practice is cruel, inhuman, and degrading, and endangers the right to life and privacy under the Constitution. The two issues before the court were whether the petition raised any matter for constitutional interpretation and whether the practice of female genital mutilation should be declared as null and void under the constitution.

The victim died from concentrated sulfuric acid burns covering over 60% of his body.  On the night of his death, the deceased’s female partner, the appellant, and baby spent the night with him.  On the night of the attack, his landlords heard screaming coming from the apartment.  When they arrived, they saw the victim, who said he did not know who attacked him, and the Appellant, who did not appear to have any burns.  The appellant argued that she did not commit the attack and that they both had been attacked by a third party, possibly a former partner of the appellant.&

The Constitutional Court of Uganda held that the practice of bride price is constitutional, but that requiring a refund of the bride price as a precondition for the dissolution of a customary marriage is an unconstitutional infringement of women's constitutional rights.  Specifically, the Court held that bride price refund requirement undermines women's dignity, violates women's equal rights with men throughout marriage, and "fails to honor" women's contributions as an equal partner in a marriage.  However, the majority of the Court did not agree

This appeal was limited to sentencing only. Appellant was convicted of defilement of a baby girl and was sentenced to 17 years imprisonment. Appellant was a relative of the child and was known as a teacher of Christianity. Appellant requested a more lenient sentence of 10 years. The Court of Appeals ruled against Appellant and increased his sentence to 25 years, citing the policy consideration that, despite the fact that defilement can be punishable by death, individuals still continue to defile babies.

This appeal was limited to sentencing only. Appellant was convicted of defilement of a baby girl and was sentenced to 17 years imprisonment. Appellant was a relative of the child and was known as a teacher of Christianity. Appellant requested a more lenient sentence of 10 years. The Court of Appeals ruled against Appellant and increased his sentence to 25 years, citing the policy consideration that, despite the fact that defilement can be punishable by death, individuals still continue to defile babies.