FAMILY
There are two types of families, i.e. nuclear including father mother and children and
extended including uncles, aunts and grand parents. According to Bromley’s, a family
is a basic social unit constituted at least by tow people whose relationship may fall in;
a) Husband and wife.
b) Two persons living together as if married.
c) Parent living with children.
d) Brother Sister and other relations.
FUNCTIONS OF FAMILY LAW
a) Protection of the weak members of the family, i.e. physical, social or
economic protection
b) A mechanism for resolution of disputes
c) Confers status, privileges and rights
d) It allows property administration, adjustment and division
MARRIAGE
Article 31 of the constitution regulates the right to marry; it provides that, “Men and
women of the age of eighteen years and above have the right to marry and to found a
family…” his Article therefore provides sex and capacity of marriage.
In Corbett v. Corbett, two parties went through a ceremony of marriage and the
petitioner knew the petitioner was male at birth and had undergone sex change. 14
days later the petitioner applied for nullification of marriage.
Issue, whether there was marriage?
Held, while sex is an essential determinant of a relationship called marriage, it is not
the only essential element, but however sex is a characteristic that makes sex
distinguished from other relations and so there was no marriage.
*Balfour v. Balfour
A wife alleged that they entered an oral contract where the husband agreed to make
the wife an allowance of £30 a month. The two parties had not at that time agreed to
live apart but did so frequently when differences arose between them. In an action by
the wife against the husband to recover money which she claimed was due to her
under the agreement, the alleged consideration for that agreement being a promise by
her to support herself without calling upon the husband.
Held, there was no contract in legal sense, the alleged parole contract was no more
than a mere arrangement between the husband and wife living together in intercourse
and the parties never intended to make a bargain that could be enforced in law. Hence
there was no contract for maintenance.
PROMISES TO MARRY
These are legal implications that arise when one party makes inferences or commit
that commit them to marriage. Promises to marry can be enforced in particular
circumstances, however they need not be in writing since they can be inferred.
Promises have to be proved and corroborated.
,Woodman v. Woodman
The plaintiff sued to recover damages for breach of promise to marry; she used
three letter evidence, i.e. one by herself, the second by her brother in law asking the
defendant to make his position clear and third by the pastor where the plaintiff prayed.
The defendant did not answer any of those letters. The plaintiff averred that silence
amounted to consent, she also relied on the fact that she picked a ring that belonged to
the defendant but he had not asked for it.
The court did not find it satisfactory to amount to a promise and silence did not
amount to acceptance. All circumstances must be looked into before judging a case.
Larok v. Obwoya
The defendant made a promise he didn’t honour on the material date. The plaintiff
established a breach successfully that enabled her to obtain damages for emotional
hurt and reduction of marriage chances.
However, it is important to note that promises to marry are not enforceable if they
are against public policy.
Spiers v. Hunt
The defendant promised to marry the plaintiff on the death of his wife which was
contrary to public policy.
Held, to hold such a contract enforceable is to introduce into social life an immoral
principle and it is only in the most corrupt conditions of society that such an
agreement could be tolerated as lawful.
Notwithstanding the above, there are two exceptions to this rule;
i. If the plaintiff can show she lacked knowledge
Shaw v. Shaw
The plaintiff was a widow when she met the deceased who claimed to be a
widower and they agreed to marry, oblivious to the plaintiff, the wife of the deceased
was alive at the time and on the demise of the deceased, the plaintiff learnt that they
were not married and brought an action against the administrators of the estate of the
deceased who pleaded limitation Act and contrary to public policy since the wife was
still alive.
Held, promise to marry implied warranty that the deceased was in a position to do so
which warranty continued throughout the deceased’s life time and the plaintiff’s right
of action was not extinguished.
The plaintiff being unaware at all material times that the deceased was married, the
court was not under duty to raise the question whether the promise to marry was
unenforceable as contrary to public policy and the action was maintainable.
ii. If the promise to marry was made after decree nisi had been made;
Fender v. Mildmay
The respondent’s wife petitioned for a divorce due to the respondent’s adultery
with the appellant. On two occasions after declaration of decree nisi but before
declaration of decree absolute the respondent promised to marry the appellant, after
declaration of decree absolute the respondent refused to marry the appellant.
, Held, there was no rule of public policy which prevented the contract from being
enforced. The enforcement of a contract is not against public policy unless it is likely
to lead to an injurious action.
The whole position of married parties is changed and fixed not by a mere separation
or lodging a petition for divorce, but by a pronouncement of decree nisi and the
further period of waiting after the decree is imposed in the public interesting order to
secure full disclosure before the court.
REMEDIES
Damages, i.e. general for hardship or injured feelings for example in Larok v.
Obwoya, punitive (exemplary) and special damages i.e. demand for a return of a
thing. Cohen v. Seller, the plaintiff demanded the return of the ring.
FORMATION OF MARRIAGES
The laws of Uganda recognise;
a. Civil/ Christian marriage
b. Customary marriage
c. Islamic marriage
d. Hindu marriage
CIVIL/CHRISTIAN MARRIAGES
A marriage is an agreement between a man and a woman which imposes rights and
duties between them and creates a recognised relationship governed by the marriage
Act.
❖ Under section 6, one party must give notice to the registrar or the person in
charge of a church.
❖ The notice must be posted for public knowledge for at least 21days according
to section 9.
❖ According to section 10 the registrar issues a certificate authorising this
marriage.
❖ If marriage is not done within three months of the notice a fresh notice is
needed according to section 11.
❖ Under section 10 a number of things have to be satisfied
One of the parties must be a resident of the district for at least 15days.
Both parties must be 21years and above unless one party is a widow or a widower.
If they are less than 21years parental consent is necessary.
They should not be related. Neither party should have been married under customary
law, unless it is the person in question transferring from customary to civil.
❖ Section 13 allows a person to lodge a caveat prohibiting marriage.
❖ According to section 17 there is need for written consent by the father, if he is
dead, insane or absent from Uganda, the mother or the guardian may give the
consent.
However the consent must not be maliciously withheld.
…………………….vol 19 2 K L R 98
Whether the mother was competent to give consent of marriage of her minor
daughter? The court held that the mother was competent to give the consent.
There are two types of families, i.e. nuclear including father mother and children and
extended including uncles, aunts and grand parents. According to Bromley’s, a family
is a basic social unit constituted at least by tow people whose relationship may fall in;
a) Husband and wife.
b) Two persons living together as if married.
c) Parent living with children.
d) Brother Sister and other relations.
FUNCTIONS OF FAMILY LAW
a) Protection of the weak members of the family, i.e. physical, social or
economic protection
b) A mechanism for resolution of disputes
c) Confers status, privileges and rights
d) It allows property administration, adjustment and division
MARRIAGE
Article 31 of the constitution regulates the right to marry; it provides that, “Men and
women of the age of eighteen years and above have the right to marry and to found a
family…” his Article therefore provides sex and capacity of marriage.
In Corbett v. Corbett, two parties went through a ceremony of marriage and the
petitioner knew the petitioner was male at birth and had undergone sex change. 14
days later the petitioner applied for nullification of marriage.
Issue, whether there was marriage?
Held, while sex is an essential determinant of a relationship called marriage, it is not
the only essential element, but however sex is a characteristic that makes sex
distinguished from other relations and so there was no marriage.
*Balfour v. Balfour
A wife alleged that they entered an oral contract where the husband agreed to make
the wife an allowance of £30 a month. The two parties had not at that time agreed to
live apart but did so frequently when differences arose between them. In an action by
the wife against the husband to recover money which she claimed was due to her
under the agreement, the alleged consideration for that agreement being a promise by
her to support herself without calling upon the husband.
Held, there was no contract in legal sense, the alleged parole contract was no more
than a mere arrangement between the husband and wife living together in intercourse
and the parties never intended to make a bargain that could be enforced in law. Hence
there was no contract for maintenance.
PROMISES TO MARRY
These are legal implications that arise when one party makes inferences or commit
that commit them to marriage. Promises to marry can be enforced in particular
circumstances, however they need not be in writing since they can be inferred.
Promises have to be proved and corroborated.
,Woodman v. Woodman
The plaintiff sued to recover damages for breach of promise to marry; she used
three letter evidence, i.e. one by herself, the second by her brother in law asking the
defendant to make his position clear and third by the pastor where the plaintiff prayed.
The defendant did not answer any of those letters. The plaintiff averred that silence
amounted to consent, she also relied on the fact that she picked a ring that belonged to
the defendant but he had not asked for it.
The court did not find it satisfactory to amount to a promise and silence did not
amount to acceptance. All circumstances must be looked into before judging a case.
Larok v. Obwoya
The defendant made a promise he didn’t honour on the material date. The plaintiff
established a breach successfully that enabled her to obtain damages for emotional
hurt and reduction of marriage chances.
However, it is important to note that promises to marry are not enforceable if they
are against public policy.
Spiers v. Hunt
The defendant promised to marry the plaintiff on the death of his wife which was
contrary to public policy.
Held, to hold such a contract enforceable is to introduce into social life an immoral
principle and it is only in the most corrupt conditions of society that such an
agreement could be tolerated as lawful.
Notwithstanding the above, there are two exceptions to this rule;
i. If the plaintiff can show she lacked knowledge
Shaw v. Shaw
The plaintiff was a widow when she met the deceased who claimed to be a
widower and they agreed to marry, oblivious to the plaintiff, the wife of the deceased
was alive at the time and on the demise of the deceased, the plaintiff learnt that they
were not married and brought an action against the administrators of the estate of the
deceased who pleaded limitation Act and contrary to public policy since the wife was
still alive.
Held, promise to marry implied warranty that the deceased was in a position to do so
which warranty continued throughout the deceased’s life time and the plaintiff’s right
of action was not extinguished.
The plaintiff being unaware at all material times that the deceased was married, the
court was not under duty to raise the question whether the promise to marry was
unenforceable as contrary to public policy and the action was maintainable.
ii. If the promise to marry was made after decree nisi had been made;
Fender v. Mildmay
The respondent’s wife petitioned for a divorce due to the respondent’s adultery
with the appellant. On two occasions after declaration of decree nisi but before
declaration of decree absolute the respondent promised to marry the appellant, after
declaration of decree absolute the respondent refused to marry the appellant.
, Held, there was no rule of public policy which prevented the contract from being
enforced. The enforcement of a contract is not against public policy unless it is likely
to lead to an injurious action.
The whole position of married parties is changed and fixed not by a mere separation
or lodging a petition for divorce, but by a pronouncement of decree nisi and the
further period of waiting after the decree is imposed in the public interesting order to
secure full disclosure before the court.
REMEDIES
Damages, i.e. general for hardship or injured feelings for example in Larok v.
Obwoya, punitive (exemplary) and special damages i.e. demand for a return of a
thing. Cohen v. Seller, the plaintiff demanded the return of the ring.
FORMATION OF MARRIAGES
The laws of Uganda recognise;
a. Civil/ Christian marriage
b. Customary marriage
c. Islamic marriage
d. Hindu marriage
CIVIL/CHRISTIAN MARRIAGES
A marriage is an agreement between a man and a woman which imposes rights and
duties between them and creates a recognised relationship governed by the marriage
Act.
❖ Under section 6, one party must give notice to the registrar or the person in
charge of a church.
❖ The notice must be posted for public knowledge for at least 21days according
to section 9.
❖ According to section 10 the registrar issues a certificate authorising this
marriage.
❖ If marriage is not done within three months of the notice a fresh notice is
needed according to section 11.
❖ Under section 10 a number of things have to be satisfied
One of the parties must be a resident of the district for at least 15days.
Both parties must be 21years and above unless one party is a widow or a widower.
If they are less than 21years parental consent is necessary.
They should not be related. Neither party should have been married under customary
law, unless it is the person in question transferring from customary to civil.
❖ Section 13 allows a person to lodge a caveat prohibiting marriage.
❖ According to section 17 there is need for written consent by the father, if he is
dead, insane or absent from Uganda, the mother or the guardian may give the
consent.
However the consent must not be maliciously withheld.
…………………….vol 19 2 K L R 98
Whether the mother was competent to give consent of marriage of her minor
daughter? The court held that the mother was competent to give the consent.
