Women and Justice: Court: High Court of Uganda (Family Division)

Domestic Case Law

Kagwa v. Muteteri High Court of Uganda (Family Division) (2005)

Divorce and dissolution of marriage, Property and inheritance rights

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.