November 18, 2023.
KAMPALA, Uganda | In recent headlines, the impending marriage of his royal highness, the Kyabazinga of Busoga Kingdom, Willian Kabula Nadiope IV, has taken an unexpected turn as an aggrieved woman, Alison Anne Nadiope, claims to be already married to the Kyabazinga. The dispute has led to a series of threatening letters from lawyers in Uganda and the UK, asserting that any intended marriage would be null and void and could constitute bigamy under the laws of both countries.
While the media storm around the legal dispute has captured public attention, it is essential to recognize that the law in Uganda provides avenues to halt a marriage if justifiable reasons exist. Marriages in Uganda, governed by the Marriage Act, are inherently monogamous. Section 34 (1) of the Act explicitly states that no marriage in Uganda shall be valid if it would be null and void in England on the grounds of kindred or affinity or if either party is married by customary law to any person other than their intended spouse.
The Act further stipulates that if a person has already entered into a marriage, they cannot contract another until the first marriage is annulled, dissolved, or the spouse dies. Mistaken beliefs about the termination of the first marriage are irrelevant; the crucial factor is whether the first marriage has genuinely concluded.
Section 13 of the Act provides a mechanism for objections to a marriage. If an individual has an objection, they may enter a caveat against the issuance of the Registrar’s certificate, indicating the grounds for objection. The Registrar is prohibited from issuing the certificate until the caveat is removed. Section 14 mandates the Registrar to refer the matter to the High Court for resolution.
In cases where a caveat is entered, the High Court summons the parties involved and the person entering the caveat, requiring the latter to show cause why the Registrar should not issue the certificate. The High Court then hears and determines the case in a summary manner, with its decision being final.
Crucially, the High Court has the authority to award compensation and costs to the injured party if it deems that the caveat was entered on insufficient grounds.
As Busoga Kingdom jubilates over the union of their king, it remains to be seen whether Alison Anne Nadiope’s will persist with her marriage claims and how the intricacies of the law will play a role in determining the validity of the Kyabazinga’s marriage.
