By, Samuel Kirimunda;
BIGAMY: UCC releases Bugingo and Makula footages ahead of the court ruling. Pastor Aloysious Bujingo and Suzan Makula are scheduled to appear in Entebbe Grade one Magistrate court on 21st January 2022. The Uganda Communications Commission an authority responsible for broadcast content has availed famous city controversial lawyer Male Mabirizi with the video footage of the alleged introduction ceremony of the accused.
Pastor Aloysius Bugingo is a Ugandan-born again pastor and businessman. He is the Director of Salt Media Group of Companies, and a church in Makerere, Kikoni, Kampala, famously known as the House of Prayer Ministries International.
It is believed by the public that Bugingo was introduced by Makula in a customary marriage ceremony that was held on December 7 in Katabi, Entebbe Municipality.
In a phone call interview with Graha Details, lawyer Male Mabirizi says the BUGINGO case will come up on Friday 21 Jan 2022 at Entebbe Court at 9:00 am.
“On Monday, I expect to challenge DPP’s U-turn on the takeover of the case both in High Court & Entebbe Court. I maintain that DPP has no powers to contradict her own position recorded in Court file that she would not take over the case upon which I and Court proceeded to take steps knowing that DPP is not interested,” Mabirizi said.
In a lawsuit filed by Mabirizi, he says that the couple violated the Marriage by Customary Law which prohibits married people from remarrying before the divorce.
What does the Divorce Act say…
In accordance with the amended Divorce Act (Chapter 249) of the new legislation commenced on 31 December.2000 from 01. October.1904 constitution of Uganda between separation and Divorce states as follows; Jurudicial separation and protection orders
- Grounds for judicial separation
A husband or wife may apply by petition to the court for a judicial separation on the ground of cruelty, adultery, or desertion without reasonable excuse for two years or upwards, and the court, on being satisfied that the allegations of the petition are true, and that there is no legal ground why the application should not be granted, may decree judicial separation accordingly.
- Property of wife after judicial separation
Where judicial separation has been decreed under this Act, the wife shall, from the date of the decree, and while the separation continues, be considered as unmarried with respect to property of every description which she may acquire or which may come to or devolve upon her, and that property may be disposed of by her in all respects as if she were an unmarried woman, and on her decease, if she dies intestate, shall go as it would have gone if her husband had then been dead; but if she again cohabits with her husband, all property to which she may be entitled when that cohabitation takes place shall be held to her separate use, subject, however, to any agreement in writing made between herself and her husband while separate.
- Contracts, etc. of wife after judicial separation
Where judicial separation has been decreed under this Act, the wife shall, while the separation continues, be considered as an unmarried woman for the purposes of contracts, wrongs and injuries, and of suing and being sued in any civil proceedings, and her husband shall not be liable in respect of any contract, act or costs entered into, done, omitted or incurred by her during the separation; except that—
(a) Where alimony has been decreed or ordered to be paid to the wife upon the judicial separation, and it is not duly paid, the husband shall be liable for necessaries supplied for her use; and
(b) Nothing in this Act shall prevent the wife from joining at any time during the separation in the exercise of a joint power given to herself and her husband.
- Petition to reverse decree of judicial separation
(1) A husband or wife upon the application of whose wife or husband, as the case may be, a decree of judicial separation has been pronounced, may at any time thereafter present a petition praying for the reversal of the decree on the ground that it was obtained in his or her absence, and that where desertion was the ground of the decree there was reasonable excuse for the desertion alleged.
(2) The court may, on being satisfied of the truth of the allegations of the petition, reverse the decree accordingly.
- Protection orders
(1) Any wife, in whose property the husband has acquired an interest by virtue of the marriage may, if deserted by him, apply by petition to the court for an order to protect any property which she may have obtained or may obtain after the desertion, against him and his creditors and any person claiming under him.
(2) The court may, if satisfied that the desertion was without reasonable excuse, and that the wife is maintaining herself, make that order.
(3) The order shall state the time at which the desertion commenced, and shall, as regards all persons dealing with the wife in reliance on the order, be conclusive as to that time.
(4) While the order is in force, the wife shall be, and be deemed to have been from the date of the desertion, in the like position in all respects with regard to the property and contracts, and suing and being sued, as she would be if she had obtained a decree of judicial separation under this Act.
(5) The husband, or any other creditor or person claiming under him, may apply to the court for the discharge or variation of the order, and the court may, if the desertion has ceased, or if for any other cause it thinks fit so to do, discharge or vary the order accordingly.
(6) If the husband or any creditor or person claiming under him, seizes or continues to hold any property of the wife after notice of any such order, the wife may by action recover the property, and also a sum equal to double its value.