WORKSHOP 1

Part I

BRIEF FACTS.
In 2000 Jonah Nsimbi met with Joyce Asiimwe and upon getting pregnant with Jonah’s child three
months later, her father threatened to hire hitmen to kill Jonah or have him imprisoned if he didn't
marry Joyce. In fear of his life, he paid 20 heads of cattle to Joyce’s parents during and after
kuhingira and started living with Joyce. At the time Jonah paid the 20 heads of cattle he was living
with Nelly Neko at Seeta Mukono who he had married in 1998 as per the rites of Buganda. In 2009
Jonah wedded Maria Kiwedde at All Saints and All souls church Mubende and they are blessed
with a child. In 2019 Jonah converted to Islam and married Marina Kiwedde before the registrar of
marriages in Kampala city. In 2023, Jonah now Nsimbi married Faridah Kyeeyo at Kibuli mosque.

ISSUES.
1. What is the legal status of the relationships as disclosed by the facts?
2. What is the legality of Maria Kiwedde’s intended marriage to Paul?
3. What are the practical steps to contract a valid marriage between Maria Kiwedde and Paul?
4. What are the necessary legal documents needed to contract the marriage?

LAW APPLICABLE.
1. The Constitution of the Republic of Uganda 1995
2. The Marriage Act cap 16
3. The Customary Marriages (Registration) Act Cap 143
4. The Marriage and Divorce of Mohammedans Act cap 147
5. The Uganda Registrations Services Bureau Act, cap 120

RESOLUTION OF ISSUES.

Issue 1: What is the legal status of each of the marriages as disclosed by the facts?

Marriage is defined in the case of Hyde V Hyde and Woodhouse (1886) LR 1 Pg. 130 at page
13 as a voluntary union for life of one man and one woman to the exclusion of others. Furthermore,
Article 31(3) of the 1995 Constitution states that marriage shall be entered into with the full
consent of the man and woman intending marry. Thus it is in determining the validity of a marriage
it is prudent to confirm whether the different preliminaries to a marriage have been complied with,
and in instances where they are not such a marriage can be either be void or voidable.

In DE RENEVILLE V DE RENEVILLE (1948) 1 ALL ER 56 a voidable marriage was defined

as a marriage that will be regarded by every court as a valid subsisting marriage until a decree
annulling it has been pronounced by a court of competent jurisdiction on the other hand a void
marriage is one which is null from the start.

Section 1 of the Customary Marriage (Registration) Act cap 143, defines a customary marriage
celebrated according to the rights of an African community and one of the parties to which is a
member of that community or any marriage celebrated under part 3 of the Act. In UGANDA V P.
KATO ANDORS (19760 HCB 24, Court held that in order to establish the existence of a
customary marriage its sufficient to prove that according to the customs and laws of a given-tribe, a
marriage exists.

Section 4(2) of the customary Marriage (Registration) Act stipulates that a customary marriage
is polygamous in nature.
For a customary marriage to be into existence, there are certain preliminaries that have too be
complied with; Bride price, consent of the parties, age which is 16 years and 18years, and
complying with prohibited degree of consanguinity.

Section 12 (1) (e) of the Divorce Act provides that a marriage can be a marriage can be nullified is
the consent of either party to the marriage was obtained by force of fraud.
In RE ROBERT, the court held that absence of any consent renders a marriage voidable and not
void consent to a marriage maybe varied by either insanity, duress or mistake as to the identity of
the other or the nature of the ceremony.

In SINGH V SINGH (1971)2 ALL ER 828, for duress to suffice, it must be shown, it must be
shown that the petitioners will was overborne or that her consent was obtained through force or
fear. There must be a threat to the petitioner’s life, limb or liberty.

The facts at hand disclose a customary marriage between Jonah Nsimbi and Joyce Asiimwe
however the marriage is Voidable because Jonah was threatened by his father-in-law to marry the
daughter which contravenes Article 31(3) of the 1995 constitution which calls for free consent
between the parties to the marriage.

Valid customary marriage.

In the facts, Jonah was married to one Nelly Neko who he had married in accordance with the
Uganda rites in 1998 which is evidence of a valid customary marriage. This position is supported by
the case of Uganda v Peter Kate and others (19760 HCB 24), where in court held that in order to
establish the existence of a customary marriage it's sufficient to prove that according to the customs
and laws of a given-tribe, a marriage exists. This is further stipulated in Section 1 of the
Customary Marriages (Registration) Act cap 143.

Jonah wedded Maria Kiwedde at All Saints Cathedral which facts disclose a church marriage.
Section 19(1) of the Marriage Act provides that for a church marriage to be valid, it must be
celebrated in a licensed place of worship, presided over by a recognized Minister ; according to the
rights/usages of marriages observed in that church and the facts at hand disclose that the wedding
was celebrated at All saints and All souls church Mubende. Section 13 of the Customary
Marriages (Registration) Act provides that where a person contracts a customary marriage and
subsequently contracts a monogamous marriage or Muslim marriage with another person the
validity of the customary marriage shall not be affected by the monogamous marriage or Muslim
marriage, but the monogamous shall be void. This is further supported by section 34 of the
Marriage Act cap 146.

In the instant facts, Jonah contracted a marriage with Kiwedde while he was in a customary
marriage with Nelly Neko, the nature of church marriages is that they are monogamous thus subject
to section 34 of the Marriage Act cap 146 this marriage will be void.

Existence of a civil marriage, because it was celebrated at the office of the Registrar. Subject to
Section 25 of the Customary Marriages act, a registrar is empowered to issue a marriage
certificate. The marriage celebrated before a registrar id a civil marriage disclosed in the facts.

In Ayoub V Ayoub [1967] EA 416 provides that marriages under the Marriage Act is potentially
monogamous. In ascertaining the validity of the marriage one ought to ensure that all the requisite
steps provided for in the law have been followed. Section 13 of the Customary Marriages
(Registration) Act provides that where a person contracts a customary marriage and subsequently
contracts a monogamous marriage or Muslim marriage with another person the validity of the
customary marriage shall not be affected by the monogamous marriage or moslem marriage, but the
monogamous shall be void. In the facts at hand Jonah married Maria Kiwedde while his marriage
with Nelly Neko was still into subsistence thus it becomes void.

In 2023 he married Faridah Key after he had returned from Mecca. The facts disclose an Islamic
marriage. This type of marriage governed by Marriage and Divorce of Mohammedans Act Cap 147
provides in section 3 that all marriages between persons professing the Mohammedan religion and
all divorces from such marriages celebrated or given according to the rites and observances of the
Mohammedan religion and customary, usual among the sect or tribe and registered as provided in
the Act. Shall be valid and registered as provided for under this act. The customary marriage
between Jonah(Nsimbi) and Neko is still in existence and this subject to section 13 of the
Customary Marriages (Registration) Act and Section 34 of the Marriages Act makes the
Islamic marriage void.

Issue 2: What is the legality of Maria Kiwedde’s intended marriage to Paul?

According to Section 13 of the Customary Marriage Registration Act Cap 143, which states that
where a person contracts a customary marriage and subsequently contracts a monogamous marriage
with another person the valid of the customary marriage shall not be affected by the monogamous
marriage but the monogamous marriage shall be void.
In relation to the facts, before Maria got married to Jonah in 2009, Jonah was already in two
subsisting customary marriages and hence their marriage is void as per section 13.
Section 11 of the Divorce Act Cap 144 provides that a husband or wife may present a petition to
the court praying that the said marriage be declared null and void. In Paul Kaggwa v Jackeline
Muteteri High Court Matrimonial Cause 23/2005, Justice Eldad Mwangusya held that where a
marriage is void there is no need to go to court for a nullification.
In the instant facts, Jonah married two wives customarily that is Joyce Asimwe and Nelly Neko.
This makes Maria Kiwedde and Jonah’s Church Marriage (monogamous) void, as it happens after
the two customary marriages.
In conclusion, her intended marriage with Paul Maali in June 2025 shall be valid as long as they
follow through the laws that govern marriages in Uganda i.e. according to Article 31 of the 1995
constitution of the Republic of Uganda as amended and Section 32 of the Marriage Act Cap 146.
Issue 3: What are the practical steps to contract a valid marriage between Maria Kiwedde and Paul?
For Maria Kiwedde to contract a valid church marriage at Namirembe Cathedral, she should follow
the steps as discussed below;
Article 31 (1) of the 1995 Constitution of Uganda as amended provides that men and women of
eighteen years and above have the right to marry and to found family and are entitled to equal rights
in marriage, during marriage, and at dissolution. In relation to the instant facts, Maria and Paul are
of age and therefore they have a right to marry as per the constitution.
1. First and foremost, the first step that Maria should take is consent. Section 18 of the Marriage
Act cap 146 provides that if a party to a marriage is below twenty-one years of age, consent in
writing from parents or guardians is required but where there is no parent or guardian of the said
party then the minister of judge of the High court may consent to the marriage in writing upon
being satisfied after due inquiry that the marriage is a proper one and that consent is effectual as
if the father or mother had consented.
 In Re Roberts (1978) 3 ALLER 223, the Court held that the absence of any consent renders the
marriage voidable and not void. Consent to a marriage may be valid by either insanity, duress of
mistake as to the identity of the other, or the nature of the ceremony.
In relation to the facts, Maria Kiwedde and Paul Maali understand the nature of the ceremony
and are willing to get married at Namirembe Cathedral before June 2025.
2. Secondly, a Notice of marriage is needed for Maria and Paul to be able to get married. Section 6
of the Marriage Act Cap 146 is to the effect that whenever any people desire to marry, one of
the parties to the intended marriage shall sign and give to the registrar of the district in which the
marriage is intended to take place a notice in form A schedule 1 to the Act.
Section 10 Marriage Act Cap 146 provides that when giving notice, the parties must attach an
affidavit stating that;
(a) One of the parties has been resident within the district in which the marriage is intended to be
celebrated at least fifteen days preceding the granting of the certificate;
(b) Each of the parties to the intended marriage, not being a widower or widow, is twenty-one years
old. Or that, if he or she is under that age, the consent made requisite has been obtained in writing
and is annexed to the affidavit;
(c) There is no impediment of kindred or affinity, or other lawful hindrance to the marriage, and (d)
neither of the parties to the intended marriage is married by customary law to any person other than
the person with whom such marriage is proposed to be contracted.
(2) The affidavit required by subsection (1) may be sworn before the registrar or before a
magistrate.
(3) The registrar or magistrate taking the affidavit required by subsection (1) shall explain to the
person making it the prohibited degrees of kindred and affinity and the penalties which may be
incurred under other provisions of this Act.
In relation to the facts, Paul was born and raised in Lungujja, in Kampala City and they want to get
married at Namirembe Cathedral which is found in Kampala thus being able to get married.
Section 9 of the Marriage Act. This section is to the effect that;
(1) upon receipt of a marriage notice the registrar shall cause it to be entered in a book to be called
the "'Marriage Notice Book” which may be inspected during office hours without fee.
(2) The registrar shall also publish the notice by causing a copy of it to be affixed on the outer door
of his or her office, and to be kept exposed there until he or she grants the certificate under section
10, or until three months have elapsed.
For church marriages, the notice is by publication of the Bans of marriage that are read in church in
which the parties intend to wed from for three Sundays.
The next step is celebration of the marriage. Section 19 of the Marriage Act provides for Marriage
in licensed place of worship by recognized minister.
Section 19 (1) of the Marriage Act is to the effect that Marriages may be celebrated in any
licensed place of worship by any recognized minister of the church, denomination or body to which
the place of worship belongs, and according to the rites or usages of marriages observed in that
church, denomination or body.
2) Notwithstanding subsection (1), the marriage shall be celebrated with open doors between the
hours of eight o’clock in the forenoon and six o’clock in the afternoon, and in the presence of two
or more witnesses besides the officiating minister.
Section 20 of the Marriage Act provides that the Minister not to celebrate marriage if there is
impediment nor without license, etc. A minister shall not celebrate any marriage if he or she knows
of any just impediment to the marriage, or until the parties deliver to him or her the registrar’s
certificate or the Minister’s license.
In addition, Section 21 of the Marriage Act provides for place of celebration of marriage and it is
to the effect that A minister shall not celebrate any marriage except in a building which has been
duly licensed by the Minister, or in such place as the Minister's license may direct.
Section 22 of the Marriage Act provides for registrars to be provided with books of certificate. It
states that 22(1) The Minister shall cause to be printed and delivered to the several registrars and to
the recognized ministers of licensed places of worship, books of marriage certificates in duplicate
and with counterfoils in Form E in Schedule 1 to this Act.
(2) The books of marriage certificates shall be kept by the several registrars and the recognized
ministers for the time being of the licensed.
Section 23 of the Marriage Act provides that Entries to be made in marriage certificate and it is to
the effect that Immediately after the celebration of any marriage by a minister, the officiating
minister shall fill out in duplicate a marriage certificate with the particulars required by Form E in
Schedule 1 to this Act, and state also and enter in the counterfoil the number of the certificate, the
date of the marriage, names of the parties and the names of the witnesses.
The next step is in Section 24 of the Marriage Act which provides for Signature of certificate in
duplicate:
(1) The certificate shall be signed in duplicate by the officiating minister, the parties and two or
more witnesses to the marriage.
(2) The minister having signed his or her name to the counterfoil, shall sever the duplicate
certificate, and shall deliver one certificate to the parties; and thereafter shall, within seven days,
transmit the other copy to the registrar of marriages of the district in which the marriage takes place,
who shall file it in his or her office.
Section 26 of the Marriage Act provides for Marriage certificate to be signed. it states that the
registrar shall then fill out, and he or she and the parties and witnesses shall sign, the certificate of
marriage in duplicate, and the registrar shall then fill out and sign the counterfoil as prescribed in
section 24 in the case of a marriage by a minister, and shall deliver one certificate to the parties and
shall file the other in his or her office.
Marriage certificate to be registered is another step for Maria to take to contract a valid marriage.
Section 29 of the Marriage Act is to the effect that;
(1) The registrar of marriages in each district shall register in a book to be kept in his or her office
for that purpose, and to be called “The Marriage Act Register Book”, every certificate of marriage
which shall be filed in his or her office, according to Form F in Schedule 1 to this Act; and every
such entry shall be made in the order of date from the beginning to the end of the book, and every
entry so made shall be dated on the day on which it is so entered, and shall be signed by the
registrar, and the book shall be indexed in such manner as is best suited for easy reference to it.
(2) The registrar shall at all reasonable times allow searches to be made in the Marriage Register
Book, and shall give certified copies from it upon payment of the prescribed fee.
(3) Within ten days after the last day of each month, every registrar shall send to the Registrar
General a certified copy of all entries he or she made during the preceding month in the Marriage
Register Book of his or her district, and the Registrar General shall file the copy in his or her office.
Section 31 of the Marriage Act provides for evidence of marriage. It is to the effect that Every
certificate of marriage which shall have been filed in the office of the registrar of any district, or a
copy of the certificate of marriage, purporting to be signed and certified as a true copy by the
registrar of that district and every entry in a Marriage Register Book or a copy of the entry, certified
as prescribed in this section, shall be admissible as evidence of the marriage to which it relates, in
any court of justice or before any person having by law or consent of the parties authority to hear,
receive and examine evidence.
Issue 4: What are the relevant legal documents?
The necessary legal documents include a notice of marriage in Form A Schedule 1 of the Marriage
Act followed by an affidavit and a registrar’s certificate in Form C Schedule 1 of the Marriage Act.
Notice of marriage.
Republic of Uganda
Form A
Notice of Marriage
(The Marriage Act, Cap. 146)
To the registrar of marriages for the ___Kampala__ district of Uganda. I give you notice that a
marriage is intended to be had within three months from the date of this notice between me, the
undersigned, and the other party named in the notice.

Name Condition Occupation, Age Dwelling Consent (if

rank or or place of any) and by
profession abode. whom given.

Paul Maali Bachelor

Maria Spinster
Kiwedde

Witness under my hand, this 26th day of October 2024.

……………………………………..
Signature.
Affidavit.
Part II
Brief facts
Pastor Mugezi founded the Gospel Truth church 6 months ago. The church is housed in wooden
structure and located in Kakinda in Masaka town where Maria Nende and Yosia Kulaba wish to
celebrate their marriage. On the other hand, Ruth Binene and Timothy Munudu are Christians who
wish to get married at Kasenge beach in Masaka district and they wish for Pastor Mugezi to wed
them. Furthermore, Madiina Asiimwe and Isma Mukaka who are also members of this church and
wish to get married before the registrar of marriages.
Issues
1. What is the procedure under which Gospel Truth Church can attain the status of a licensed
place to conduct marriages?
2. What are preliminaries of a valid civil marriage?
3. What is the procedure for contracting a valid marriage under a place which isn’t authorized?
Law Applicable
1. The Constitution of the Republic of Uganda 1995 as amended.
2. The marriage act cap 146.
3. The customary marriages (registration act) cap 143.
4. The Trustees incorporation act Cap 271
5. The companies act cap 106
6. The Companies regulations
Resolution of issues
Issue 1: What is the procedure under which Gospel Truth Church can attain the status of a licensed
place to conduct marriages?
It is important to note that Section 19 of the Marriage Act Cap 146 makes it mandatory for
churches or denominations or bodies that wish to celebrate marriages under this law to get the
buildings for those places of worship licensed by the Honorable Minister of Justice and
Constitutional affairs.
In the R v Registrar General exp. Segordal (1970) 3 ALLER 886, Court held that a place of
worship could take many forms, but must have as its main function the worship of a supreme being.
Licensing a Place of Worship to celebrate Marriages
Requirements
1. An original application letter addressed to the Minister of Justice and Constitutional Affairs
through the Registrar General from the church clearly indicating religious denomination, district,
county, sub-county, parish and village of the church. Where the church is an affiliate of an already
registered church, a recommendation letter from mother church.
2. A certified copy of the certificate of registration from either NGO board or Registrar of
companies or under the Trustees Incorporation Act.
3. A certified copy of the church’s land title or registered tenancy Agreement (if in a language other
than English, this must be translated by the Makerere University Institute of Languages before
submission)
4. Copies of the approved building plans of the church
5. Selected photographs of the church’s premises (interior and Exterior either black & white or
coloured).
6. Inspection report from the Registrar of Marriages.
7. Proof of payment of UGX 200,000.
Every marriage celebrant or registrar at the districts, Churches, Mosques and Temples must remit
revenue and file returns for all marriages celebrated or registered at the end of each month to the
Registrar General at URSB.
The Fees payable are:
I. UGX 35,000 where one of the two persons married is a Ugandan or a refugee.
II. USD 35. Where none of the persons married is a Ugandan or a refugee.
Practical steps are outlined here under:
1. Write an application for licensing place of worship to celebrate marriages to the Minister of
Justice and Constitutional Affairs through the Registrar of Marriages attaching requirements listed
above.
2. Get assessment form and make payments in the bank.
3. Submit application letter, attachments and proof of payment to the office of the Registrar General
4. Wait for a call from URSB to pick license collect license from URSB after 5 working days from
the date of submission.
5. Submit License to Uganda Printing and Publishing Corporation (UPPC) for a gazette.
(Introduce register for licenses and correspondences with Secretary)
6. Submit copy of Gazette to URSB (Civil Registry)
7. Submit monthly returns to the registrar of Marriages
Issue 2: What are preliminaries of a valid civil marriage?
The Requirements are laid out as follows:
1. Intending couple should appear in person before the Registrar of Marriages for an interview.
They should be single, above 18 years. This does not apply in case they are customarily married.
2. They should show up with the following:
• Proof of nationality for example a voter’s card, passport or National Identity Card.
• An LC 1 letter to prove residence in Kampala district.
• A passport size photograph.
• Registered Marriage affidavits that conform with S.10 of the Marriage Act
• In case of foreign nationals, a letter from their Civil Registration or Vital Statistics
Office confirming that the party is not married
3. Where parties are between 18 and 21 years, they should in addition to 2 above submit:
• A birth certificate to prove parentage
• A consent letter from the parents or guardian
• A photocopy of the identification of the consenting authority
Refugees; - Refugee I.D - Bio Data from Office of the Prime Minister
4. The intending couple fills in a notice of marriage before a registrar and is given assessment forms
to make payments at any bank of his choice. Clients can also make self-assessment from the URA
portal on [Link].
5. The notice of marriage is pinned up on our notice board for 21 calendar days.
6. If there is no objection to the marriage, the ceremony takes place between after 21 days but
before the expiry of 90 days 21 and 90 days on Monday to Friday (working days) from 10 am to 4
pm.
7. If there is an objection, a caveat is placed and the matter is referred to court by the Registrar of
Marriages
Fees payable:
Fees payable: Ug shs. 260,000 for Ugandans and Refugees USD 210 for Foreigners
Practical steps
1. Client picks list of requirements from Civil Registry or URSB website
2. Presents the following
3. Have an Interview with the Registrar of marriages
4. Makes the necessary payments upon approval by Registrar of Marriages
5. Submits approved documents with proof of payment at reception and books date of marriage with
Front desk officers into the marriage diary
6. After 21 days from date of approval, confirms marriage & date of marriage with marriage desk
during which corrections (if any) are made and draft certificate reviewed.
7. On marriage day, come with original identification documents of both couple and the witnesses.
The following aspects are equally key in the determination of a valid civil marriage under the
governing law which is the Marriage Act Cap 146:
a) Residence
According to Section 10(1) (a) of the marriage act cap 146, one of the parties must have resided
in the district where the marriage is to be celebrated for at least 15 days.
b) Notice
It is also important to note that one of the parties to the intended marriage is required to give notice
to the Registrar of the district to which the marriage is intended to take place in and it shall be in
Form A of the 1st schedule to the act in accordance with Section 6 of Marriage Act.
The notice should also be entered on the Marriage Notice Book as per Section 9 Marriage Act and
such notice shall be published by causing a copy to be affixed on the outer door of his or her office
until 3 months have elapsed or until he grants a certificate.
This notice is open for public inspection.
 c) Age
Article 31 of the Constitution of the Republic of Uganda 1995 as amended provides that men
and women of 18 years and above have the right to marry. In Pugh v Pugh [1951] 2 All ER 680, a
man of 16 years married a 15 year old girl and Court held that the marriage was void.
d) Parties shouldn’t be in the prohibited degrees of Marriage.
Section 10 (1) (C) of Marriage Act provides that marriage shouldn’t be impeded by any kindred
relation, affinity or any other unlawful hindrance of marriage.
e) Consent
It is trite law that an intending party to a marriage must seek the consent of their parent or guardian
and in accordance with Section 18 of the Marriage Act Cap 146 provides that a party to a
marriage under 21 years shall get consent from the Minister or Judge incase their parent or guardian
is not residing in Uganda.
This should also be read together with Article 31 of the Constitution which provides
f) Certificate of Marriage
Finally in accordance with Section 10 of the Marriage Act, the registrar may issue a certificate of
Marriage any time after the expiration of 21 days and before the expiry of 3 months from the date of
issuance of the notice if the conditions stated above are complied with.

Issue 3: What is the procedure for contracting a valid marriage under a place which isn’t
authorized?
Section 19(1) of the Marriage act Cap 146 every marriage shall be celebrated in a licensed place
of worship with a recognized Minister.
According to section 21 of the same provides for a place of celebration of marriage and states that a
minister shall not celebrate any marriage except in a building or any other place which has been
duly licensed by the Minister or in such places as the Minister may direct.
In the decision of Paul Kaggwa V Jackline Muteteri (High Court Matrimonial Cause No. 23 of
2005), the court held that marriages must be celebrated in only designated places which have been
duly licensed by the Minister.
However, it is important to note that a person or celebrants may apply to the Minister for
authorization to celebrate a marriage at a place other than a licensed place of worship or the office
of the Registrar of Marriages according to section 27 of the Marriage Act.
Upon the issuance of the license, the Registrar of the District in which the marriage is intended to
take place shall upon production of the license shall give to the person producing it a blank
Certificate of Marriage in duplicate and the Minister or Registrar celebrating marriage shall fill out
the Certificate and observe strictly all the formalities prescribed in this act as to marriages in a
licensed place of worship or Registrar’s office as the case may be.
Part III

BRIEF FACTS.
Jennifer Kisolo Kintu and Solomon Kintu wedded in 2000 however Jennifer desires to get married
to Samuel Ebanyat. The first bans of marriage was read in All Saints Church Masaka last Sunday. A
copy of the marriage notice is pinned on the notice board outside the main block of this church.
ISSUES.
1. What are the practical steps which you will take on behalf of Solomon Kintu?
2. What are the necessary documents to be drafted?

LAW APPLICABLE.
1. Marriage Act Cap 146
2. Case law

RESOLUTION OF ISSUES.
ISSUE 1: What are the practical steps which you will take on behalf of Solomon Kintu?
In our facts, the steps that we have to take on behalf of Solomon Kintu is to object the church
wedding or marriage between Samuel Ebanyat and Jennifer Kisolo Kintu and this is always as
provided under section 13 and 14 of the Marriage Act Cap 146.
Step 1. Writing a formal letter(caveat) to the Minister of the Church.
The formal letter to the Minister of the Church is to inform him/her the grounds for objecting the
church bans. This letter should contain the grounds for forbidding the intended marriage. The letter
should be attached with certified copies of a marriage certificate.
Step 2: Entry of the complaint into the marriage notice book.
Upon entry of the complaint to the Minister of the Church, we shall append the word
“FORBIDDEN”, name, place of abode, date, and the grounds for forbidding issue of a certificate in
the marriage notice book. The signature is made against the entry. The bans are suspended.
Step 3: Notification of the Registrar of Marriages by the Minister.
After entry, the Minister of the Church shall notify the Registrar of Marriages of the caveat entered
against the intended marriage.
Step 4: Reference of the matter to the High Court by the Registrar of Marriages.
The Registrar shall refer the matter to the High Court attaching all the relevant documents i.e. the
caveat, the certified copies of a marriage certificate and the statutory declaration.
Step 5: Hearing of the matter in court.
The Caveator and the two parties of intended marriage are summoned. The case is heard and
determined in a summary way. The decision of the High Court shall be final.
In relation to the instant facts, Solomon Kintu should lodge a complaint inform of a caveat to the
Minister of the Church against the intended marriage of Samuel Ebanyat and Jennifer Kisolo Kintu
which forbid the issuance a certificate of marriage by the Registrar of Marriages until the decision is
made by court in regards to the caveat lodged.
ISSUE 2: What are the necessary documents to be drafted?
A caveat forbidding marriage under Section 13 of the Marriage Act Cap 146. Which is to be
supported by a Statutory Declaration entailing the grounds upon which the caveat is lodged.
Caveat
THE REPUBLIC OF UGANDA
IN THE MATTER OF THE MARRIAGE ACT CAP. 251
AND
IN THE MATTER OF A CAVEAT FORBIDDING SOLEMNISATION OF MARRIAGE
BETWEEN SAMUEL EBANYAT AND JENNIFER KISOLO KINTU.
CAVEAT FORBIDDING MARRIAGE.
TO THE REGISTRAR OF MARRIAGES,
AT MASAKA.
TAKE NOTICE that I, SOLOMON KINTU being the husband to JENNIFER KISOLO KINTU,
who intends to get married at All Saints Church, Masaka, on 9th November 2024 do hereby forbid
the marriage (solemnization) on grounds that;
1. That Jennifer Kisolo Kintu is already married to me and wedded in 2000 at St. Augustine
Chapel, Makerere University.
2. That Jennifer Kisolo Kintu is in a subsistent monogamous marriage with Solomon Kintu
which forbids another church marriage with Samuel Ebnayat.

My address for service for purpose of this caveat is firm A4& Co. Advocates, Plot 1,
Kyamugoranyi Road, P.O Box 123, Mbarara.
Dated at Mbarara this………………. day of ……………2024
Signed by the said: …….Solomon kintu…….
SOLOMION KINTU(CAVEATOR)
Statutory Declaration
THE REPUBLIC OF UGANDA
IN THE MATTER OF THE MARRIAGE ACT CAP. 251
AND
IN THE MATTER OF THE STATUTORY DECLARATION ACT CAP . 24
AND
IN THE MATTER OATHS ACT CAP. 21
IN THE MATTER OF A CAVEAT FORBIDDING SOLEMNISATION OF MARRIAGE
BETWEEN SAMUEL EBANYAT AND JENNIFER KISOLO KINTU.
(Brought under Section 13 and 14 of the Marriage Act Cap. 146)
I, SOLOMON KINTU C/o M/S A4 FIRM ADVOCATES located at plot 1, Kyamugorani Road, PO
Box 123, Mbarara do hereby solemnly declare and state as follows;
1. That I am an adult male Ugandan of sound mind hence competent to swear this Statutory
Declaration and do hereby swear in that capacity.
2. That I am married to a one Jennifer Kisolo Kintu(a copy of the certified marriage certificate
hereto attached under “Annexture A”)
3. That the said marriage happened in 2000 at St. Augustine Chapel, Makerere University.
4. That Jennnifer Kisolo Kintu intends to get married to a one Samuel Ebanyat at All SAINTS
Church Masaka on 9th November 2024.
5. That the lodging of this caveat or complaint will help me to protect my marriage with my
wife, Jennifer Kisolo Kintu without the interference of any other person.
6. That I make this solemn declaration conscientiously believing it to be true, in accordance
with the Statutory Declarations Act.
7. That I depone to matters with my knowledge.

DECLARED AT MBARARA THIS 26TH DAY OF OTOBER 2024

BY THE SAID: -
SOLOMON KINTU __________Solomon______________
DECLARANT

BEFORE ME
_________________________Gloria Annet______________________
COMMISSIONER FOR OATHS
Drawn By: -
M/S A4 FIRM ADVOCATES
PLOT 1
KYAMUGORANI ROAD
PO BOX 123,
MBARARA