THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
(FAMILY DIVISION)
DIVORCE CAUSE NO....OF 2024
CELIA
NSIITI::::::::::::::::::::::::::::::::::::PETITIONER
VERSUS
ANTHONY
MULALA :::::::::::::::::::::::::::::::::RESPONDENT
ANSWER TO THE PETITION
The humble reply of Anthony Mulala of c/o A5 Odd
Advocates P.O Box 1001 Mbarara, Plot 21 Kyamugorani
Road states as follows;
1. The respondent is a male adult Ugandan of sound
mind and resident of Namugongo Bulooli, Wakiso
District.
2. Paragraphs 1 and 2 are admitted.
3. Paragraphs 4 and 5 are admitted and the marriage
certificate attached by the petitioner is
admitted by the respondent as true evidence of
the marriage.
4. Paragraph 6 is admitted.
5. Paragraph 7 is partly admitted. The respondent
adds that the house comprised in Kyaddondo Block
184 Plot 125 is the matrimonial home to whose
development the respondent significantly
contributed.
6. Paragraph 8 is partly admitted. The respondent
rejects the petitioner's assertion that the
petitioner has been providing for the two issues
without any contribution.
7. The respondent rejects Paragraph 9 in toto. The
sum of five million Uganda shillings (5,000,000)
was a gift that the petitioner extended to the
respondent.
8. The motor vehicle (Toyota Noah Registration
Number UBA 666) was acquired during the
subsistence of the marriage for the sole purpose
of transporting the issues to and from school.
9. The land comprised in Buikwe Block 173 Plot 120
is jointly owned by the respondent and the
petitioner and the coffee farming project
thereon is one to which the respondent has
contributed significantly.
10. The respondent denies the contents of paragraphs
13, 14 and 15 and the petitioner shall be put to
strict proof.
DATED at Mbarara this 29th day of October, 2024
.....................
B. ENOS AHIMBISIBWE
RESPONDENT'S ADVOCATE
VERIFICATION
I ANTHONY MULALA do verily certify that what is
stated herein is true and correct to the best of my
knowledge and belief.
............................
ANTHONY MULALA
RESPONDEDENT
ANTHONY MULALA :::::::::::::::::::::::::: CROSS
PETITIONER
VERSUS
CELIA NSIITI:::::::::::::::::::::::::::::::CROSS
RESPONDENT
HAKIM NNUMBA ::::::::::::::::::::::::::::::::CO-
RESPONDENT
CROSS PETITION
The Respondent joins issue with the Petitioner and
cross petitions as follows;
1. The Petitioner/1st cross respondent committed
adultery with the second co-respondent and as a
result of the adultery, there is one issue named
Salim Nnumba. (A copy of the issue's birth
certificate is attached to this cross petition
and marked X)
2. The 1st cross respondent deserted the cross
petitioner in June 2020 and she has been
residing at Ssonde- (Kyaddondo Block 184 Plot
223) without the cross petitioner who continued
to reside at their matrimonial home in Namugongo
Bulooli.
3. The cross petitioner has not condoned the 1 st
cross respondent's adultery and no collusion or
connivance exists between your cross petitioner
and the cross respondent in presentation and
prosecution of this cross petition.
4. Due to the 1st cross respondent's adultery,
desertion and other irreconcilable differences,
the marriage has irretrievably broken down and
is beyond repair.
5. During the subsistence of the marriage between
the 1st cross petitioner and the cross
respondent, a motor vehicle (Toyota Noah
Registration Number UBA 666) was acquired for
purposes of taking and picking the issues to and
from school.
6. The house at Ssonde-(Kyaddondo Block 184 Plot
223) is the couple's matrimonial home and the
cross petitioner contributed significantly to
its development. (Evidence of monetary
contribution is adduced by way of receipts
attached hereto and marked P, Q, R and S)
7. The cross petitioner and the 1st cross
respondent own land comprised in Buikwe Block
173 Plot 120 jointly.
8. The cross petitioner submits to the
jurisdiction of this honourable court and humbly
prays that;
I. A decree nisi be granted dissolving the
marriage between the cross petitioner and the
cross respondent
II. The cross petitioner be granted full custody
of the issues
III. An order be made that the cross petitioner
stays in the matrimonial home
IV. An order that the land comprised in Buikwe
Block 173 Plot 120 measuring twenty acres be
shared equally by the cross petitioner and the
cross respondent
V. An order that the cross petitioner be granted
the motor vehicle ( Registration Number UBA
666 )
VI. An order of damages from the 2nd co-respondent
VII. That the cross Respondent contribute equally
for the maintenance of the children
VIII. The cross petitioner be awarded costs of and
incidental to this petition.
IX. The cross petitioner be granted any other
reliefs that this court finds fit
DATED at Kampala this 29th day of October, 2024.
.........................
B. ENOS AHIMBISIBWE
CROSS PETITIONER'S ADVOCATE
VERIFICATION
I ANTHONY MULALA do verily certify that what is
stated herein is true and correct to the best of my
knowledge and belief.
............................
ANTHONY MULALA
CROSS PETITIONER/RESPONDENT
BEFORE ME
.......................................
DAVIS MUSHANGA
COMMISSIONER FOR OATHS
Drawn & Filed By:-
A5 Odd Advocates
P.O Box 1001,
Mbarara
Plot 21, Kyamugorani Road
Mbarara.
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
(FAMILY DIVISION).
DIVORCE CAUSE NO………………………OF 2024
ANTHONY MULALA ::::::::::::::::::::::::::::CROSS
PETITIONER
VERSUS
CELIA NSIITI :::::::::::::::::::::::::::::: CROSS
RESPONDENT
SUMMARY OF EVIDENCE
The cross petitioner shall adduce evidence to prove
the contents of the cross petition.
LIST OF WITNESSES
1. The Cross Petitioner.
2. Other witnesses with leave of court
LIST OF DOCUMENTS
1. The Marriage Certificate.
2. Any other with leave of court
LIST OF AUTHORITIES
1. The Marriage Act, Cap 146.
2. The Divorce Act, Cap 144
3. The Judicature Act, Cap. 16
4. The Divorce Rules SI 249-1.
5. The Civil Procedure Rules S.I 71-1.
6. The Civil Procedure Act Cap 71
7. Case Law
DATED at MBARARA this 29th day of October 2024.
Signed 29/10/2024
..................................................
B. ENOS AHIMBISIBWE
COUNSEL FOR THE CROSS PETITIONER
Drawn & Filed By:-
A5 Odd Advocates
P.O Box 1001,
Mbarara
Plot 21, Kyamugorani Road
Mbarara.
