her parents and his parents. She went to state that they worked and obtained property
together. That she has 2 houses in Entebbe and a building in Kampala, a house in the village and
in Arua. That she is jobless and she had to pay fees for her two children who were still
schooling. She stated that she was tired of the respondent and wanted a divorce as reconciliation
is not possible. She requested court to help her to get property for the purpose above stated.
She specified the period in which their houses were completed.
That the woman by the name of Susan Rwaga was in the petitioner’s house and she fought with
her.
PW2 testified that they used to see their dad (respondent) daily but now they take a month and
the relationship has changed. He testified that his mother, the appellant was a housewife and she
gets financial support from her brothers and sisters. That they have had fights and quarrels (page
41 of the record of proceedings). She also narrates the event of December 25, 2005 when the
respondent brought Doris at home (woman friend) when the appellant/petitioner had
visitors. That the appellant refused to attend to Doris and her relatives and the respondent took
them away. That when the appellant came back he started shouting in the bedroom.
That the petitioner has a heart problem. The witnesses stated that he even dropped out of school
much as he says that his father was willing to pay fees.
I find this not consistent with his mother getting financial support from her brothers and sisters
and he still stated that he dropped out of school to ease financial pressure. This inconsistency
strengthen the appellant’s case PW3 testified how the relationship between their parents is not
good, i.e., the appellant/petitioner and the respondent. She also testified on the fact of the
respondent bringing his girlfriend at home on Christmas day. That the respondent and the
appellant quarreled in the bedroom. That she got frightened and called the respondent’s
friend. That the respondent said that they wanted to frustrate him. Will this be count splitting
the family or the respondent’s actions and or conduct?
The respondent in his defense conceded that he was married to the petitioner traditionally and the
marriage was registered in the Municipal Council. He also testified that he had a number of
properties and conceded further that he married Susan in 1983 and then Doris in 2002. He stated
that in 1981, he acquired plot 43 Kiwafu Close and the petitioner wanted the title in her
names. That in 2005 at Christmas day, he pushed her on the bed, but didn’t carry out physical
assault. (Whatever he meant –page 58). He stated that the petitioner changed her religion and he
tolerates her because of her behaviour (he didn’t elaborate on this). That he lost his job in 2006
and the petitioner had only 2 children at school. That he requested his three working children to
help to pay the University fees but he was paying the petitioner’s bills and was sending money
for food.
He was actually conceding that he deserted her and the children by saying that he was sending
money for food. When he stated that he was going to her house at page 59 of the record of
proceedings, it emphasizes and strengthens the appellants’ case. He actually further stated that