GIZ PRoLA
GIZ (Deutsche Gesellschaft für Internationale Zusammenarbeit) promotes the rule of law and judiciary in Africa by strengthening legal access, enhancing judicial independence and transparency, and building capacity for legal professionals and civil society. The "Promotion of the Rule of Law and Judiciary in Africa" (ProLA) project focuses on vulnerable populations and uses strategies like training, alternative dispute resolution, and digitalisation to bridge the justice gap and build more inclusive, fair judicial systems across partner countries.
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Cited documents 14
Judgment
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A murder conviction was substituted with manslaughter where evidence showed the killing occurred during a prolonged quarrel.
Criminal law – Murder – Malice aforethought – Circumstantial evidence – Corroboration – Provocation – Substitution of murder with manslaughter.
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Family Law – division of matrimonial property – factors to be considered in dividing matrimonial property – criteria to be used to identify matrimonial property – Law of Marriage Act, cap 29, RE 2019, section 114. Family Law – custody and maintenance – maintenance of infant children vis-à-vis children over 18 years – meaning of infant child – whether maintenance orders could be issued for children above 18 years old – Law of Child Act, cap 13, RE 2019, sections 26, 48 and 44. |
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Constitutional Law - Interpretation of constitutional provisions - Context of the constitution is essential in interpreting constitutional provisions. Constitutional Law - Basic Rights - Enforcement of basic rights - Whether it is appropriate to seek enforcement of every basic right infringed by petitioning the High Court. The two petitioners were widows. Their uncontroverted depositions showed that by operation of the provisions of certain paragraphs of the Second Schedule to the Local Customary Law (Declaration) (number 4) Order, Chapter 358 RE 2002, their basic rights were infringed, in that they were denied to benefit from the estates oftheir late husbands and to participate in the administration of those estates. They petitioned the High Court praying for a declaration that those paragraphs are unconstitutional and thus null and void, and for an order striking out the paragraphs. Counsel for the respondent conceded that the impugned paragraphs give preferential treatment to men as opposed to women, but counsel contended, however, that other adequate means of redress for the contraventions alleged were available to the petitioners, and should have been exhausted first instead of petitioning the High Court. |
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Reported
Domestic services can constitute 'joint efforts' under s.114, but on these facts the wife was entitled only to the customary Shs.3,000.
Family law – matrimonial assets – section 114(1) Law of Marriage Act – meaning of 'matrimonial assets' and 'joint efforts' – domestic services held to be capable of constituting contributions; application of mischief rule and statutory purpose; factual limitation where domestic contribution minimal or offset by prior provision.
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The applicant’s domestic services can qualify as contributions to matrimonial assets under section 114, but entitlement depends on the facts.
Family law – Definition of matrimonial/family assets; section 114 Law of Marriage Act 1971 – 'contributions in money, property or work' includes domestic services; construction by mischief rule and statutory purpose; application to division of matrimonial home; relevance of prior advances and customary parting gifts.
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Maintenance obligations are shared; respondent's shop is separate property; matrimonial house equally divided and retained for children's welfare.
Cohabitation and presumption of marriage (s.160 LMA) – Maintenance of children (s.129 LMA; s.44 Law of the Child Act) – Parental responsibility is shared – Evidence and pleadings govern proof of ownership – Division of matrimonial property; domestic work as contribution.
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Court granted unopposed spouse's petition for letters of administration, appointing them sole administrator with statutory duties.
* Probate law – Letters of administration – Appointment of surviving spouse as sole administrator – Intestate estate.
* Jurisdiction – Primary Court grant nullified for want of jurisdiction; High Court grant under section 56.
* Probate Rules – Application to dispense with surety bond (Rule 67(1)).
* Procedure – Publication of citation and absence of caveat or objection.
* Administration duties – Filing inventory within six months; compliance with Probate Act and Rules.
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