KABALE, Uganda (UGNEWSLINE) – The High Court in Kabale has dissolved the marriage of a retired head teacher and his estranged wife, ruling that cruelty and desertion had been established after years of marital breakdown.
Justice Karoli Lwanga Ssemogerere granted the petition filed by Benon Ndyanabo against Enid Hilda Mpirirwe Kesiime and ordered the couple to divide six properties equally.
The judge also ruled that Ndyanabo should receive 70 per cent of the value of their matrimonial home, while Kesiime is entitled to 30 per cent.
The house must be sold within 12 months after the divorce decree becomes final.
The couple married on September 18, 1993, at St Andrew’s Nyabarema Church of Uganda in Bukinda, in what is now Rukiga District. They have six children, all adults.
According to court records, their relationship deteriorated over the years, with the couple living separately from 2019.
Ndyanabo accused Kesiime of subjecting him to cruelty, denying him conjugal relations and restricting his access to food and family property.
He further claimed that she prevented him from accessing land inherited from his late father.
He also accused her of practising witchcraft, an allegation the court declined to consider because it was not backed by specific evidence.
Kesiime did not respond to the petition and had no legal representation during the proceedings.
The judge proceeded in her absence after confirming that she had been served with the necessary court documents.
However, Justice Ssemogerere stressed that an unopposed divorce petition does not automatically succeed. He said courts must examine the available evidence to determine whether the legal requirements for ending a marriage have been met.
On cruelty, the judge explained that disagreements between spouses or disputes over domestic responsibilities are not, by themselves, sufficient grounds for divorce. The conduct must cause serious physical or psychological suffering and make continued married life intolerable.
The court found that the circumstances surrounding the couple’s breakdown in conjugal relations had caused Ndyanabo mental distress and amounted to cruelty in this case.
The judge also considered an incident on November 23, 2021, when Ndyanabo was reportedly locked out of the matrimonial home following a disagreement. He subsequently reported a domestic violence case at Bukinda Police Station.
The court found that the incident contributed to the separation and that the period of separation met the legal threshold for desertion. It consequently ruled that both grounds had been proved.
Court rejects claim to exclusive ownership
The dispute over the matrimonial home presented another issue for determination, with Ndyanabo arguing that his late father had given him the land before he married Kesiime.
The judge declined to grant him exclusive ownership, explaining that property initially acquired before marriage may qualify as matrimonial property if it becomes the family home and both spouses contribute to its use or development.
Justice Ssemogerere noted that the couple had both worked as teachers and jointly raised their six children. He said contributions to a marriage extend beyond direct financial investment to include childcare, household management and other forms of family support.
On that basis, the court found that awarding the house entirely to Ndyanabo would be unfair, despite the property’s origins.
The six other properties listed in the petition are to be divided equally. They include a banana plantation, land with trees, a parcel near a swamp and several plots in Rwanyamutare Cell, including areas identified as Kiburasano, Oworuhanga and Habubare-Ndeijo.
Decree nisi issued
The court issued a decree nisi, meaning the divorce will become absolute six months after the decree was issued. Ndyanabo was also awarded the costs of the case.
The decision addresses two central issues in matrimonial disputes: the evidence required to establish grounds for divorce and the importance of considering both spouses’ contributions when distributing family property
