Court of Appeal has overturned the verdict of the lower court in a divorce ruling that involves Mulago Hospital Accountant Charles Mwasa and his former wife Rebecca Nagidde.
In the previous ruling, the High Court had denied Rebecca property which Court of Appeal couldn’t agree with.
In a fresh judgment, Justice Fredrick Egonda- Ntende ruled that no court can issue a divorce order to an estranged couple without first conducting trial and securing consent from both to have their marriage annulled.
The judgment was delivered yesterday January 23, 2010.
The applicant (Rebecca) appealed the ruling of Justice David Matovu, the head of the Family Division of the High Court.
Rebecca sought to end her marriage with husband, Mr Charles Steven Mwasa whom he accused of adultery and cruelty.
Whereas the High Court granted her divorce she didn’t agree with the ruling which denied her property.
The lower court has allowed Mwasa exclusive possession of the couple’s matrimonial home at Kyadondo and Kiwatule and ordered him to pay off his wife half the value of the said property within six months after valuation.
But a three-judge panel led by Justice Fredrick Egonda-Ntende of the Court of Appeal, faulted Justice Matovu for having dissolved the marriage between the estranged couple without hearing the side of the wife.
The justices ordered the divorce file to be returned to the Makindye-based Family Division of the High Court and be heard afresh before another judge.
“Upon consideration of the foregoing provisions, it is evident that the trial court failed to conduct a full and proper trial.
Courts are supposed to pronounce judgment only after the case has been heard, based on the evidence adduced in the case and the applicable law unless the parties have agreed to the facts that resolve the issues between them by consent. The procedure adopted by the trial court in the instant case is alien to that provided by the Civil Procedure Rules,” Court of Appeal ruled.
Other justices who are in agreement with the lead judgment are; Stephen Musota and Remmy Kasule.
The judgement comes high on heels of an investigation by State House Anti- Corruption Unit in relation to Mwasa’s source of wealth after it emerged that he owns over 26 prime properties in Kampala.
Mr. Mwasa, 43, earns shs 1.5 million as monthly salary.
Before joining Mulago Hospital, he worked at Ministry of Finance and narrowly survived prison after it emerged he was part of the racket that misappropriated shs 50 billion donor cash in the Office of the Prime Minister.
Initially he was on the Kazinda charge sheet but the office of ODPP advised using him as State witness.
Media reports indicated that the father of two, owns swanky apartments, posh hotels and malls in all suburbs of Kampala, his wealth can only be smelt marveled at by a cabinet minister.
His vast estate comprising of business investments, agricultural farms, posh cars and as well as posh residential and commercial properties in upscale Kampala neighborhoods of Kyambogo, Bugolobi, Banda, Mbalwa, Bulindo, Kiira and Mbuya among other places.
While, leading the Anti-Corruption March on December 4, President Yoweri Kaguta Museveni applauded the media for exposing the corrupt government officials, adding that the news articles are used as tip to investigate these officials.
