THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT MUKONO
DIVORCE CAUSE NO 001 OF 2024
CELIA NSIITI……………………………………………….….PETITIONER
VERSUS
ANTHONY MULALA…………………………………………RESPONDENT
REPLY TO PETITION
I, ANTHONY MULALA of M\s PNA AND Co. ADVOCATES P.O Box 300
Plot 27 Kampala ring road, Luwum Street Kampala do state as follows:
1. That I am a male adult Ugandan of sound mind and the Respondent in this
petition.
2. That I have read and understood the contents of the petition together with its
Annexture and reply as hereunder:
3. That in reply to paragraphs 1, 2, 3, 4,5, 6,7,8,14,16 and 17 the contents thereof
are not contested.
4. That the respondent denies the contents in paragraphs 12, 13, 8.3 and 18 in
totality and the petitioner shall be put to strict proof thereof.
5. That in reply to paragraph 13, the Respondent denies engaging in any extra
marital relationships as alleged by the petitioner.
6. That the respondent avers that their separation was not as a result of his
conduct. On the contrary, the petitioner left the home in 2020 and moved into
her other house in Ssonde (Kyadondo Block 184 Plot 223)
7. That in reply to paragraph 8.3 the Respondent has never at any moment
neglected the responsibility of taking care of his children but it’s the Petitioner
upon her desertion from the marital home that took the children with her and
the respondent had no access to them.
8. That in reply to paragraph 8.3 Respondent has never in his life at any occasions
beaten, kicked or done any violent act to the Petitioner.
9. The Respondent shall aver and contend that the relationship cannot be mended
because the parties have long separated and the Petitioner is already in another
relationship with a one Dr.Anthony Mulala
WHEREFORE, your respondent prays that the petition be dismissed.
DATED AT Kampala this …………….…day of …..……..…………….2021
………………………………………
COUNSEL FOR THE RESPONDENT
CROSS-PETITION
ANTHONY MULAALA:::::::::::::::::::CROSS-PETITIONER
VERSUS
NSITI CELIA::::::::::::::::::::::::::::::::::::::: RESPONDENT
The humble cross-petition of ANTHONY MULAALA showeth:
1. The cross petitioner is an adult male whose address for purposes of this cross
petition shall be M\s PNA CO & ADVOCATES and a resident of Namugongo,
Bulooli, Kira Municipality, Kira Subcounty, Wakiso District
2. That your respondent is a female adult Ugandan of sound mind resident of
Ssonde Kira sub county, Wakiso district and the cross-petitioner’s advocates
undertake to effect service of court process on the respondent.
3. The cross-petitioner brings this cross-petition for dissolution of marriage,
distribution of the matrimonial property, Costs of the cross-petition among
others.
4. That the marriage between your cross-petitioner and the respondent had a good
start however in the due course it became shaky. The respondent with time
dedicated herself fully to her job and on raising complaints against her, she
decided to leave the matrimonial home with the two children.
5. That the cross-petitioner and respondent after their wedding in 2012, settled at
Namugongo Bulooli in a house which the respondent had constructed in 2011
which the cross petitioner painted at a cost of ten million Uganda shillings.
6. The cross petitioner also had the servants’ quarter constructed at a cost of 20
million Uganda shillings and employed someone to design the compound and
gardens at 10 million Uganda Shillings.
7. The cross-petitioner avers that in June 2020 the respondent left the house they
were staying in: Namugongo thus disserting the cross petitioner and her absence
he had to take care of the house.
PARTICULARS OF DISSERATION
8. The cross petitioner avers that the Respondent moved on with Dr. Hakim
Nnumba who she met in January 2023 and with whom they were blessed with a
baby boy in December 2023.
9. The Cross petitioner and the respondent lived in this house until June 2020
when the respondent left his home and moved into her other house at Ssonde.
10.The Respondent got married to her laptop and the job and denied the cross
respondent time which left the marriage in the hig hag state creating a trench
leading to its collapse.
PARTICULARS OF ADULTERY
a) The respondent has been committing adultery with Dr. Hakim Nnumba
whom she met in January 2023 to date.
b) The respondent has not only cohabited with Dr, Nnumba but has made it
worse by giving birth to a baby boy by the names of Salim Nnumba which
name proves the clan and tribe of Dr. Nnumba and enough proof that the
child is for him and the Respondent.
c) The Respondent in her own words states that she desires to get married to
Dr. Hakim as she counts the marriage between the her and the Cross-
Petitioner dead on arrival.
PARTICULARS OF MATRIMONIAL PROPERTY
a) The Respondent contributed to the painting of the interior of the house at a
cost of ten million Uganda shillings, construction of the servants’ quarter
constructed at a cost of 20 million shillings, employed a worker to design the
compound and the garden at 10 million shillings. Thus because of the
adultery of celia pay 65% of the monies contributed to wards the
renovations made in the house at kyaddondo block 184 plot 125
b) Indirect contribution, on the other hand, could be in the form of
housekeeping while the other party goes to work outside the home as stated
in Rwabinumi v. Bahimbisomwe and Ambayo Joseph Waigo v. Aserua
Jackline recognize the non-monetary contribution of spouses to matrimonial
homes. The interest in the matrimonial property on record has always been
50/50 divide.
c) The Respondent bought the car with intention it to be treated as a matrinonal
car for transporting children be divided in a share of 50/50 since Anthony
contributed indirectly and emotionally as he provided love to celia and also
maintained the car till to date. Then for the joint land at buikwe block 173
plot 120 which is in ownership of the Anthony mulala and celia nsiiti be
divided equally since its jointly owned by the two.
11. In reply to paragraph 8.3, the cross-petitioner shall aver and contend that the
couple stayed apart due to the petitioner’s leaving the marital home to go and
stay with his Dr. Hamis since 2020 to date
12.That the cross-petitioner and the respondent’s marriage has irretrievably broken
down.
13.That the cross-petitioner states that no collision and connivance exist between
her and the respondent.
14.That the respondent is not entitled to the reliefs sought as he has not come with
clean hands.
WHEREFORE, the cross-petitioner humbly prays for Judgment in her favor for:
a) A decree that the said marriage between the Respondent and Petitioner be
dissolved.
b) A declaration that the cross-petitioner is entitled to a share of the matrimonial
property to wit, the plot at Buikwe Block 173 Plot 120 and the car
c) An order for custody of the child to be granted to the Respondent and the cross
petitioner to have visiting rights.
d) Costs of the cross-petition be paid to the Respondent.
e) Any further or other reliefs this court deems fit.
VERIFICATION
I, ANTHONY MULALA certify that the statements contained in this reply to the
petition are true to the best of my knowledge and belief.
SWORN at Kampala this ………..…day of …..……………….2021 by the said
ANTHONY MULALA
…………….……………
CROSS-PETITIONER
BEFORE ME
……………………………….
COMMISSIONER FOR OATHS
DRAWN AND FILED BY
M\s PNA AND Co. ADVOCATES
P.O Box 300 Plot 27
Kampala ring road,
Luwum Street Kampala
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT MUKONO
DIVORCE CAUSE NO 001 OF 2024
ANTHONY MULAL……………………………………….….PETITIONER
VERSUS
NSIITI CELIA……………………………………………….…RESPONDENT
SUMMARY OF EVIDENCE
The respondent shall lead evidence at the hearing to prove that the divorce petition is frivolous,
vexatious and should be dismissed. The respondent shall also prove that the petitioner is not
entitled to the remedies sought.
LIST OF WITNESSES
1. The cross petitioner
2. Any other with leave of court
LIST OF DOCUMENTS
1. Marriage certificate
2. Certificate Of Title
3. Any other with leave of court.
LIST OF AUTHORITIES
1. The 1995 Constitution of the Republic of Uganda As Amended
2. Marriage Act
3. Customary Marriage Act
4. Evidence Act Cap 6
5. Case law
6. Any other with leave of court
DATED at KAMPALA this …….……day of ………………………….2021
_______________________________________
COUNSEL FOR RESPONDENT
Drawn & Filed by:
M\s PNA AND Co. ADVOCATES
P.O Box 300 Plot 27
Kampala ring road,
Luwum Street Kampala
