(Ebook) Volume Two: OBJECTION MY LORD “Legal Practice Demystified” Family Law by Lubogo Isaac Christopher ISBN 97899704457776

(Ebook) Volume Two: OBJECTION MY LORD “Legal Practice Demystified” Family Law by Lubogo Isaac Christopher ISBN 97899704457776

''A "customary marriage" is defined in Section 1(b) of the Customary Marriages Registration Act as a marriage celebrated in accordance with the rites of an African community and one of the parties to which is a member of that community. This principle is fortified by the case of Uganda vs. Kato and Others [1976] (HCB 204). where the court ruled that the test for determining what type of marriage is whether the union is recognized as a marriage by the laws or customs of the parties' nation, race, or sect The court went on further to state that, where the parties are from different tribes, the customs of the woman would be the ones to be followed in the case of a customary marriage. It must be noted, however, that the customs should not be contrary to the principles of natural justice and morality.  This is the spirit of the law evident in Section 14 of the Judicature Act Cap. 13, which enjoins courts of judicature  to apply customary law ipso facto in adjudication of matters before them, provided the customs are not repugnant to  natural justice and morality. Article 33(6) of the Constitution prohibits laws, cultures, customs, or traditions that  are against the welfare or interest of women or that undermine their rights. This is fortified by the East African  case of Kimani vs. Gikanga [1965] EA 735, where the court was of the view that repugnant customs should not be  upheld in society.