October 24, 2023
KAMPALA, Uganda | The High Court has declined a request by Jalia Nagawa, the wife of City Tycoon Drake Lubega, to award her UGX 186 million as a monthly maintenance fee pending the court’s determination on their divorce. The court’s decision came after Judge Elizabeth Kabanda dismissed Nagawa’s application, noting that the marriage between Nagawa and Lubega was under question in the divorce petition.
In a surprising turn of events, Lubega, the respondent in the divorce case, claimed he was never married to Nagawa. The judge set the petition for a hearing on November 9, 2023, to resolve the complex matter.
This legal battle began in 2020 when Nagawa filed for a divorce, alleging cruelty on the part of her husband, Drake Lubega. She is seeking the court’s assistance in ending their marriage and dividing the properties they had acquired together during their union.
During the hearing of the maintenance application, Lubega’s lawyer, Adam Kirumira, raised concerns regarding the constitutionality of maintenance before a divorce is finalized. He argued that the Constitutional Court had previously ruled maintenance pending divorce as unconstitutional. However, Nagawa’s lawyer, Derrick Lufunya, countered this argument, clarifying that the Constitutional Court had only modified the remedy but did not nullify it.
Nagawa’s petition includes her request to separate from Lubega, share their jointly acquired properties, and seek restitution for alleged denial of business opportunities and financial transparency within their shared business ventures.
Court documents reveal that Nagawa introduced Lubega to her parents in 1984, leading to their marriage in 1989 under the Kiganda customary marriage at Banda, Nakawa division in Kampala. However, Nagawa has accused Lubega of cruelty, denial of conjugal rights, abandonment, and economic servitude, prompting the divorce request.
Lubega’s response challenges Nagawa’s claims, stating that they only cohabited for a short time between 1992 and 1993 and never engaged in any joint businesses or had children together. Lubega asserts that he married Benita Lubega in 2000, further distancing himself from the business ventures and relationship with Nagawa. He denies being cruel and claims that Nagawa was the one who left without contact.
The ongoing legal battle also involves a property dispute, with Nagawa listing 30 properties that she claims to have worked hard for but without compensation. She aims to secure at least five of these properties, including notable assets like Banda Club Ecstasy, Mukono Commercial Bank building, and Muyenga land.
