[2019] UGHCFD 42

[2019] UGHCFD 42

The High Court has jurisdiction to hear the application for a protection order under its unlimited original jurisdiction. However, the applicant failed to provide credible and specific evidence of domestic violence or psychological abuse as required by law. The applicant's statements were found contradictory, and no...

Source-derived case information.

Citation
[2019] UGHCFD 42
Parties
Applicant: Edward Tibahwerwayo; Respondent: Daisy Namuli
Court
HC: Family Division (Uganda)
Jurisdiction
Uganda
Judgment Date
26 August 2019
Case Number
Miscellaneous Application No. 443a of 2018
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application dismissed with costs
Judges
Kitariisibwa-Katunguka, J
Legal Topics
Domestic Violence, Protection Order, Post Divorce Cohabitation
Source Language
english
Family and Children Domestic Violence Protection Order Post Divorce Cohabitation

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Summary, issues, holding and outcome

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Parties

Edward Tibahwerwayo

Applicant

Daisy Namuli

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain the application for a protection order under the Domestic Violence Act.
  2. 2 Whether the applicant has proved grounds for the grant of a protection order against the respondent.

Ratio Decidendi

The High Court has jurisdiction to hear the application for a protection order under its unlimited original jurisdiction. However, the applicant failed to provide credible and specific evidence of domestic violence or psychological abuse as required by law. The applicant's statements were found contradictory, and no independent evidence was presented to substantiate claims of harassment or threat to health, safety, or wellbeing. The burden of proof lies with the applicant, who did not discharge it. While cohabitation post-divorce is undesirable, especially in the absence of mutual consent or lack of alternative accommodation, the facts do not support the issuance of a protection order on...

Court Disposition

application dismissed with costs

Orders

  • The respondent shall return to the Mbuya residence until the appeal is finally disposed.
  • The applicant shall stay at Bugolobi.