March 21, 2024
KAMPALA, Uganda | The Family Division of High Court in Kampala has acknowledged that denial of sex to a spouse is an act of torture and, when sufficiently established, can support the dissolution of marriage. The decision came as the court presided over the dissolution of a decade-long marriage between Nick Chiles Muramira, a senior foreign service officer, and his wife, Harriet Generosa, an Emirates employee.
Presiding over the case, Honorable Justice Celia Nagawa highlighted the severe marital strife between Muramira and Generosa, detailing instances of cruelty that surpassed the ordinary challenges encountered in marital life. Among the grievances listed were Muramira’s infidelity, fathering a child outside of the marriage, financial irresponsibility, and the introduction of sexually transmitted infections to Generosa, which was seen as not only a breach of trust but also an act of cruelty.
The court was informed of Muramira’s consistent denial of conjugal rights to Generosa and his neglect in visiting her in Dubai despite her efforts to facilitate such visits, which led to significant financial losses. This, coupled with evidence of psychological abuse, silent treatment, and the discovery of Muramira’s drug abuse and participation on dating sites, painted a picture of a marriage fraught with neglect and betrayal.
Generosa’s ordeal was compounded by a spinal fusion surgery, during which Muramira, despite being on leave in Uganda, made no attempt to visit or support her. Justice Nagawa noted this indifference as further evidence of the marriage’s irretrievable breakdown.
In her verdict, Justice Nagawa decreed the dissolution of the marriage, emphasizing that matrimony is a voluntary union and parties should not be compelled to remain together when it is evident that the marital bond has deteriorated beyond repair. The court also recognized Generosa’s right to compensation, ordering Muramira to pay her Shs4 million for her contribution towards a tree planting project and an additional Shs1.5 million for supervising the same project, along with covering the legal costs incurred during the divorce proceedings.
However, the court refrained from making any rulings concerning the matrimonial home in Bukoto, Kampala, as it is registered under the name of Muramira’s mother, a third party to the case. The determination of ownership of this property was deferred to a separate case filed at the Land Division of the High Court.
This ruling could significantly reshape Uganda’s legal landscape, serving as a fundamental reference for future cases because of its emphasis that the denial of conjugal rights, together with various forms of psychological and physical abuse, constitutes valid grounds for marriage dissolution.
