Kampala

A court in Kampala has ordered former vice president Gilbert Bukenya to defend himself against allegations that he seduced the wife of his former political mobiliser.

On July 17, 2012, Mr Emmanuel Nyabayango took Prof Bukenya and his former wife, Mr Margaret Kabasinguzi, to court, alleging that Prof Bukenya’s act of seducing his wife to the extent of leading her to desert their matrimonial home was “unconstitutional, barbaric, inhuman and unlawful”.

Prof Bukenya denied the allegations and asked court to dismiss the case, arguing that the order of conjugal rights is not grantable by the High Court since the complainant cannot petition court for a woman who willingly deserted her wedlock.
However, Justice Percy Tuhaise of the Family Division of the High Court yesterday dismissed Prof Bukenya’s application.

“This case has a cause of action because the complainant married his wife in a Catholic church at Mbuya. The presence of the marriage certificate and his ring also shows that the marriage is valid and the husband has a right to enforce his marriage he acquired,” Justice Tuhaise said.

Justice Tuhaise also noted that there is a difference between a case brought by an ordinary plaint and a petition in the Constitutional Court. She argued that in this case the person is seeking remedies infringed by another person and that they are not seeking for interpretation of any clause.

The judge also said: “Mr Nyabayango has a right to choose any remedy he wants but not Prof Bukenya to do so.” She dismissed the application with costs and said Prof Bukenya has to answer for his act of grabbing a lawfully wedded wife from her husband.

The case was adjourned to November 6 for hearing.