In the case of REBECCA NAGIDDE V CHARLES STEVEN MWASA CIVIL APPEAL NO. 160 OF 2018 IN THE COURT OF APPEAL OF UGANDA AT KAMPALA
CORAM; EGONDA NTENDE, MUSOTA & REMMY KASULE Judgement delivered on the 23rd day of January 2020.
This was a Petition for divorce filed by the Appellant in the trial court. The divorce was granted with custody of the children given to the Respondent. The Appellant was granted visiting rights once a week upon notifying the Respondent. The court also went ahead and solved the issue of matrimonial property by sharing into half all jointly owned property and ordering that personal property reverts to its owner.
The Appellant, in this case, appealed on the ground that the divorce was granted without a fair hearing. A record of proceedings was availed in this court, and it clearly showed that the Appellant was never allowed to adduce evidence to support her grounds of adultery and cruelty during the hearing. It was also noted that none of the parties entered into a consent to waive their right to produce evidence. In addition to this, no witnesses were examined during the hearing. It is upon this ground that the Appellant appealed to this court.
The Justices of Appeal in allowing this appeal ruled that the trial court failed to conduct a full and proper trial. They further stated that court is only supposed to pronounce judgement only after the case has been heard, based on the evidence adduced in the case and the applicable law unless the parties have agreed to the facts that resolve the issues between them by consent. In this case, there was no such consent. The decree nisi for divorce was accordingly set aside, and the court ordered a re-trial.
