AN EXAMINATION OF THE LAW ON MATRIMONIAL PROPERTY IN UGANDA

TABLE OF CONTENTS

DECLARATION

APPROVAL ii

DEDICATION iii

ACKNOWLEDGEMENT iv

LIST OF LEGISLATION v

LIST OF CASES vi

TABLE OF CONTENTS vii

ABSTRACT X

CHAPTER ONE 1

GENERAL INTRODUCTION 1

1.1 lntroduction 1

1.2 Background of the study 2

1.3 Statement of the problem 6

1.4 Objective of the study 7

1.4.1 General objective 7

1.5 Research Questions 7

1.6 Scope of the study 7

1.6.1 Geographical scope 7

1.6.2 Content Scope 8

1.6.3 Time scope 8

1.7 Significance of the study 8

1.8 Methodology 9

1.9 Organization of the study 9

1.10 Literature Review 10

CHAPTER TWO 13

NATIONAL FRAMEWORK ON MATRIMONIAL PROPERTY IN UGANDA 13

2.1 Introduction 13

2.2 National laws on matrimonial property · 13

2.2.1 Constitution of the Republic Of Uganda, 1995 13

2.2.2 The Customary Marriage (Registration) Act 1973 Cap 24834 16

2.2.3 The Succession Act and principles oflaw developed by the case law precedent Cap 16

CHAPTER THREE 19

THE INTERNATIONAL LEGAL FRAMEWORK 19

3.0 Introduction 19

3.1 International Human Rights Framework 19

3.1.1 Universal Declaration of Human Rights 19

3.1.2 Convention on the Elimination of All Forms of Discrimination Against Women 20

3.1.3 The Maputo Protocol 22

3.2 Regional Framework 25

3.2.1 The African Charter on Human and Peoples' Rights. 25

3 .2.2 The African Charter on Human and Peoples' Rights on the rights of women in Africa 25

3.3 Treatment of Joint property 26

3.4 Determining contribution of the spouse towards marital property 27

CHAPTER FOUR 28

INSTITUTIONAL LEGAL FRAMEWORK ON MATRIMONIAL PROPERTY IN UGANDA 28

4.1 Introduction 28

4.2 The Uganda Police Force 28

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4.3 The Property Rights Inconsistence in Uganda

4.4 Law, Custom and Tradition

4.5 Women's Organizations

4.6 Community action on women and men working together

4.7 Women's rights in, access to and control over land,housingand propety and women's living conditions

CHAPTER FIVE

FINDINGS, CONCLUSION AND RECOMMENDATION

5.1 General Findings

5.1.1 The Republic of Uganda Constitution, 1995

5 .1.2 Land Act 1998

5.1.3 National Land Policy 2013

5.1.4 Registration of Titles Act, 1924

5.1.5 Individual and Household Rights to Land

5.1.6 Marriage Regimes

5.1.7 Islamic Marriages

5.1.8 Shared Tenure

5.2 Conclusions

5.3 Recommendations

BIBLIOGRAPHY

ABSTRACT 

The study examined the law on matrimonial property before, during and after marriage in Uganda. There is much said on matrimonial property however the study examined the law in pursuance of the rights to own property before marriage set, during marriage and after marriages. It will justify the fact of the research on the rights of owing the property. The study was guided by the following objectives;- to examine the National Framework on Matrimonial Property in Uganda, to examine the International Legal Framework in Uganda, to examine the Institutional Legal Framework on Matrimonial Property in Uganda and to examine the findings, conclusion and recommendation on the law on Matrimonial Property in Uganda. Methodology utilized Doctorial Legal Research qualitative in nature. By utilizing both qualitative and quantitative methodologies the research is able to evaluate both formal and normative aspects of political activity. This research used analysis of materials gathered through desktop and library research. Article 31 (!)(b)] of the Constitution of Uganda provides that men and women of the age of eighteen years and above, have the right to marry and to found a family and are entitled to equal rights in marriage, during marriage and at its dissolution. The current law on matrimonial property, the Matrimonial Property Act, is based on common principles of contribution instead on the principles of equity. Having laws that will have a detrimental effect on one side goes against the principles of equity. Measures need to be taken to ensure that Uganda stops retrogressive realization of the matrimonial property rights to be accorded to spouses, as the current matrimonial property law may be seen as a backward step for Uganda. Such measures include.