THE REPUBLIC OF UGANDA
IN THE CHIEF MAGISTRATES’ COURT OF NAKAWA AT NAKAWA
MEDIATION CAUSE NO. 009 OF 2018
(ARISING FROM DIVORCE CAUSE NO. OO6 OF 2018)
LYDIA AKECH ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PETITIONER
VERSUS
FRANCIS OKETCHO :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: RESPONDENT
RESPONDENT’S MEDIATION SUMMARY
[Rule 5 of the Judicature (Mediation) Rules, 2013]
[This summary is not intended to be a substitute for or amendment of the Defendant’s
pleadings but rather an aid to help the mediator familiarize him/herself with the facts and
issues in dispute between the parties. In the event of any inconsistency between the summary
and the pleadings, the pleadings shall prevail.]
1. The Respondent
The Respondent is an adult male Ugandan of sound mind, Mr. Francis Oketch and whose
address for purposes of services is C/o M/s Osilo & Co. advocates Legal Consultants, 2nd
Floor, Rm 32, Agip H’se, Plot 9, Kampala road, P.O BOX 30035, Kampala. Tel: +256
414 235449
2. The Respondent’s answer
a.) The petitioner was on the 9th day of December, 2011 married to the respondent
before the Registrar of Marriages in Uganda through a civil marriage.
b.) After the solemnization of the marriage, the petitioner and respondent continued
cohabiting in their matrimonial home in Butto, Bweyogerere, Kira Municipality and
there are three issues to the said marriage to wit;
i) Shalom Angel Oketcho (4 years old)
ii) Shaleen Blessing Oketcho (4 years old)
iii) Shanielle Miracle Oketcho (4 years old)
c.) The petitioner condoned the adultery through which the respondent sired Jordan and
Jayden for the reason that by 2012/2013 the petitioner and respondent resumed
conjugal cohabitation in a bid for the petitioner to conceive.
d.) That ever since the birth of Jordan and Jayden, the respondent has not had any sexual
relations with any other woman other than the petitioner.
e.) The respondent has made financial contributions to his family by providing their
basic needs and even financially empowered the petitioner when he not only gave
her startup capital for her hair pieces and cosmetics shop in Grand Corner House, but
he is also a guarantor to the loan of UGX, 30,000,000/= the petitioner took out from
FINCA Uganda Ltd (MDI) for restocking her shop.
(See Annexure “A” attached hereto)
f.) The petitioner never discloses her earnings which she has and continues to use
exclusively for her personal development, like her personal account in Finance Trust
Bank.
(See Cash withdrawal slip marked Annexure “B”)
g.) The respondent’s clearing and forwarding firm called Eastern Logistics and the
events company called Vision Events Ltd are no longer going concerns both having
collapsed in 2013 and 2017 respectively. The agriculture (tree planting) which the
respondent practices in Tororo is not gainful at all. He is therefore currently
constrained financially, a fact well known to the petitioner.
h.) That the lavish and extravagant lifestyle of the petitioner greatly crippled the
respondent’s finances. He spent colossal sums of money buying her 12 cars in a span
of 7 years, holiday trips to Dubai, Israel, Rwanda & Kenya, spas, pedicures, several
hospital bills at Women’s Hospital International and general family upkeep. As a
result, his companies to wit; Eastern logistics and Vision Events Ltd worth billions of
shillings run bankrupt. This affected his self-worth and dignity causing him grave
physical and mental torture.
(Receipt vouchers are attached hereto as Annexure “C”)
i.) The petitioner acquired land comprised in Kyadondo Block 225, Plot 1073 land at
Buto during the subsistence of her marriage to the respondent and sold the same
without the respondent’s consent or knowledge or participation to a one Karuhanga
Crescent and Jane Tusingwire Karuhanga and the proceeds of the sale were used for
the petitioner’s own personal development.
(See Annexure “D” attached hereto)
j.) The Petitioner has never contributed to the welfare and developments of the family.
k.) That all the other allegations are false and denied by the respondent and the
petitioner will be put to strict proof thereof.
l.) That ever since the petitioner and respondent begot issues to this marriage in 2014,
the petitioner has committed adultery with diverse unknown men to the respondent.
m.) That the petitioner corrupts the issues to the marriage by using them as a tool to
impose further punishment to the respondent. She tells the children that their daddy
is dead. This causes grave mental torture to the respondent.
n.) That the respondent on account of the above mentioned matrimonial offences of
adultery and cruelty committed by the petitioner believes that this marriage has
irretrievably broken down and nothing can mend it.
3.The Respondent’s claim
a) The marriage be dissolved
b) An order of joint custody of the issues to the marriage
c) An order that both the petitioner and respondent share the costs of maintenance and
tuition fees of the children.
d) That the matrimonial home comprised in Kyadondo, Block 225, Plot 749 be sold and
the proceeds there from be shared by the respondent and petitioner.
o.) List of witnesses
a) Francis Oketcho, the respondent
b) Others with leave of court
p.) List of Documents
a.) The FINCA loan contract
b.) Cash withdrawal slip of Finance Trust Bank
c.) Car bond vouchers and receipts
d.) International Woman Hospital receipts
e.) Acknowledgment of payment
f.) Others with leave of court.
q.) Counsel for the Respondent and Address for purpose of mediation
Martina Musumba
C/o M/s Osilo & Co. Advocates
Legal Consultants,
2nd Floor, Rm 32, Agip H’se,
Plot 9, Kampala road,
P.O BOX 30035, Kampala
Mob: 0786 943368
r.) Person who shall attend the mediation
a) Francis Oketcho
Mob: 0755 300 002
b) Counsel for the Respondent
s.) Person with full authority to sign a settlement on behalf of the Respondent
during mediation
a.) Francis Oketcho
b.) Counsel for the respondent
Dated at Kampala this _____________ day of _____________________ 2018
___________________________
M/S OSILO & CO. ADVOCATES
COUNSEL FOR RESPONDENT
Drawn & filed by;
M/s Osilo & Co. Advocates
Legal Consultants,
2nd Floor, Rm 32, Agip H’se,
Plot 9, Kampala road,
P.O BOX 30035, Kampala
