Kampala Metropolitan traffic police commander Norman Musinga has challenged the caveat filed by his divorced wife before the Church of Uganda protesting his new marriage.
On Friday evening, Esther Kyinkuhaire, the former wife to Musinga, through her lawyers of Ojok and Company Advocates, filed a marriage caveat at All Saints Church Nakasero, Kampala challenging the set officialization of Musinga’s new marriage with his new wife.
In his caveat, Kyinkuhaire told the church that she is still officially married to Musinga citing a notice of Appeal she filed in the Court of Appeal challenging Justice Joseph Mulangira’s decision confirming the magistrate court’s judgement which authorizes their divorce.
However, Musinga through his lawyers of Kampala Associated Advocates (KAA) challenged the said caveat, branded it false, malicious, full of jealousy, ill willed and made in bad faith and needed correction from the court records.
The lawyers stated that Musinga’s marriage with Kyinkuhaire was dissolved in 2019 by his worship Allan Gakyalo basing on the evidence of the applicant Musinga that his divorced wife was very cruel to him and a practitioner of witchcraft.
“On 16th of August 2019, the bonds of matrimony were legally and absolutely dissolved. No appeal has ever been preferred,” KAA’s letter to the church reads. They further explained to court that Musinga solemnized his fresh marriage before the Registrar of marriages and is legally married.
Lawyers noted that the reason why they decided to go to church was to celebrate his already existing marriage in accordance to the church norms and seek the blessings of God.
The lawyers further insisted that when the divorced wife learnt that her former husband was going to celebrate his marriage in church, she filed an application at the High Court Family Division for revision of his worship Gakyalo’s decision which they termed as incompetent, court dismissed it.
They insisted that revision of the judgement does not amount to an appeal since they claimed that the magistrate did not have powers to hear and determine the matter.
“The incompetent application was dismissed by the High Court Judge Justice Joseph Murangira who found that the magistrate acted properly in freeing our client from the bonds of the marriage with Esther Kyinkuhaire,” the lawyers noted.
They said that there is no right to appeal from a revised order, the appeal can only be made with a permission from the court which the divorced wife didn’t do.
However, this website has learnt that Kyinkuhaire is determined to fight for her marriage and she is set to file another civil suit in the High Court protesting Court’s decision of not looking into the wealth she made with her former husband during their good times.
She based on the affidavit of her father who told court that he gave the couple 25 cows when they are getting marriage and he wanted Musinga to return half of it to her daughter since they are separating.
She also based on the affidavit of Stephen Kamanzi, a former farm manager of Musinga who told court that Musinga took the 25 cows to his farm in Luwero.
Kamanzi added that by the time Musinga fired him, for supporting Kyinkuhaire, the cows had produced over 180 cows.
Kyinkuhaire also challenged Court’s decision of directing Musinga to stay with their three children including their last born.
Musinga is set to publicly weed her new wife today.
By Sengooba Alirabaki
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