court of appeal

Uganda's appeal court in new approach to division of marital property on divorce

Uganda’s Court of Appeal has handed down a decision that could prove a turning point on the question of how marital property should be divided on divorce. The judges seem to have rejected what some have seen as a growing tendency in divorce matters, namely granting women half share of a property. Instead, these judges say equality doesn’t automatically mean equity, and that a claim for half of the property must be backed by facts if it is to succeed.

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This new decision, by three judges of Uganda’s Court of Appeal, seems to mark a third phase in efforts to ensure that women are treated equally in society and before the law in that country, particularly at divorce.

Ugandan lawyer, serving time for contempt, loses bid for bail release

A Ugandan lawyer with a reputation for strongly criticising judges and demanding the recusal of those presiding in cases where he is involved, has lost his bid to be freed from prison pending an appeal. The lawyer, Male Mabirizi (pictured), was sentenced to an 18-month jail term for contempt of court by a high court judge whom he repeatedly slandered and pilloried. Though he sought release from prison pending an appeal, he had not yet filed any appeal and so the appeal court judges turned him down.

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There can be few Ugandan court-watchers who haven’t heard of Male Mabirizi. Now his antics, plus a recent decision of the East African Court of Justice against him, have brought Mabirizi even wider attention.

He has a law degree, but has not been admitted to practice. Nevertheless, he appears for himself in one legal action after another, most often unsuccessfully.

Law imposing three-year wait for divorce found unconstitutional by Kenya’s appeal court

With five forms of marriage from which to choose, couples in Kenya could find it easy enough to tie the knot. It might be a different story for some if they want an early divorce, however. That’s because those opting for a civil marriage must wait a minimum of three years before they may start divorce proceedings. Claiming this provision is unconstitutional, a Kenyan advocate has brought legal action to test the three-year limitation.

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Couples wanting to marry in Kenya have some decisions to make: there are no fewer than five forms of marriage from which to choose.

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