Baryamureeba V Kabakonjo Abwooli: A Win For Women’s Property Rights In Cohabitation.
Fatumah Ramathan-Nabulya
Marriage, especially at its dissolution, tends to be contentious owing to its cross cutting effects on property rights, children custody, spousal maintenance among others. It is more complex when that “union” is not legally recognized. Over 65% of Uganda’s couples are left out under the law because their arrangements are not contracted in accordance with the laws provided for. This potentially subjects women to unequal social laws (patriarchy) usually with no legal remedies. Hence, marriage, due to its overarching effects, can be breeding ground for the entrenchment of gender inequality. This paper reviews a High Court decision through which judicial activism is employed to lessen the plight of cohabiting women. Due to the time they have been in operation, it is often difficult to see our matrimonial laws for what they really are; patriarchal and gender indiscriminate. There is need for Judges to be fully alive to the history of these laws and the debates that led to their passing, to correct the wrongs of history.
Defending The Right To Love: A Case For Registration Of Customary Marriages
Lawrence Alado and Reagan Siima Musinguzi
Customary marriages occur frequently in Uganda, but the
inability to prove these marriages has resulted in many parties
being unfairly deprived of the benefits and rights that come
with being legally married. This paper argues for the
mandatory registration of customary marriages to safeguard
these rights. The authors conduct a comprehensive analysis of
the existing frameworks governing customary marriages by
identifying the gaps within the framework, examining the
advantages that would arise from mandatory registration,
addressing potential challenges, and outlining how the
registration process should be carried out. The authors
contend that the failure to mandate registration denies
spouses and their offspring the rights that they are entitled to
as a result of their marriage.