Written by Kerry Howard Mwesigwa
High Court in Uganda has advised couples who live together without being married to draft written agreements outlining how financial and property ownership matters will be managed during the pendency of the relationship. This move aims to prevent potential legal disputes in the event of a separation or breakup. By clearly defining the economic terms of their relationship, cohabiting couples can avoid unnecessary litigation and conflicts that may arise in the future.
In the case filed at the High Court of Uganda at Kampala Civil Division, Bigala Frediman sued Lornah Namuwenge seeking to recover money deposited into her personal account, amounting to approximately UGX 43,000,000, for alleged breach of agreement/trust, fraud and misrepresentation. The plaintiff claimed that they had agreed to save the money for business purposes but discovered that the defendant was having an affair with another man and withdrew the money for personal use. However, the plaintiff failed to prove that the money was intended for business purposes and not for the defendant’s personal use and the court held that “bedroom agreements” cannot be enforced in a court of law.
In his judgement, Hon. Jutsice Musa Ssekana stated that unmarried or cohabiting parties have no right to recover money made or contributed during the relationship unless it is jointly owned by registration. He dismissed the plaintiff’s claim arguing that he was not entitled to remuneration for expenses or contributions made during the relationship.
