The High Court has dissolved the marriage between Atukunda Annex and Martin Ikubor, a Nigerian businessman, after finding that the relationship had broken down due to cruelty, threats, and constant conflict.
The couple had lived in Lubowa, a suburb for rich people, for 23 years.
For years, according to court documents, Atukunda, who often described herself as “the girl from Sheema,” had prayed that God give her a good man. But most importantly, she wanted a rich one who would provide for her and the family.
In the early 2000s, she landed on Ikubor, a Nigerian businessman who had some cash. The attraction was mutual, but in later years, it nearly turned fatal.
Atukunda said the problems began soon after their customary marriage in 2003. She told the court that her husband, who had appeared loving while they were dating, became violent and abusive over time.
She testified that Ikubor physically assaulted her on April 12, 2018, and again on April 27, 2022, leading her to report the cases to police.
Not only that, Atukunda said Ikubor started using violent and obscene language and that the “f” word was always on his tongue.
Then one day, Atukunda claims, Ikubor threatened to set their palatial house in Lubowa on fire with the children inside.
Atukunda said the situation became so bad that she fled the matrimonial home and moved first to Bwebajja and later to Munyonyo with the children.
Ikubor denied being the cause of their issues. He argued that it was Atukunda who created tension through insults and threats.
Ikubor alleged that one day, Atukunda, with the help of some people, hatched a plan to take over all the property since it was registered in her name. It has to be pointed out that, as a foreigner, Ikubor could not own private mailo property.
Ikubor told the court that Atukunda one time assured him that she was working to have him deported because he is a foreigner. Once deported, the property would become hers.
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Justice Celia Nagawa, who heard the case, noted that even Ikubor admitted there were constant fights and that the wife had reported him to the police several times.
She said Atukunda’s account of violence was supported by evidence and admissions.
“The totality of the evidence before this court… satisfies this court on a balance of probabilities that Ikubor was cruel towards Atukunda,” she ruled.
Quoting earlier cases, Justice Nagawa said cruelty means conduct that causes “danger to life, limb, and health, bodily or mental.”
She found that repeated violence and threats outweighed the husband’s claims of provocation by Atukunda.
“While improper, [the wife’s conduct] does not compare to the gravity of repeated physical violence, death threats, and destruction of property,” the judge said.
The court concluded that the marriage had completely broken down and dissolved.
However, Justice Celia agreed that just because the property is registered in Atukunda’s name, it does not mean it is hers. She ordered that Ikubor retains 85% of the rights in the property while Atukunda takes 15%.
On the issue of the children, Justice Celia said the mother had been taking care of them since 2022, while the father had little contact and did not even know which schools they attended. She allowed the children to remain with their mother but gave the father visitation rights.
“A parent who has been absent from the daily texture of his children’s lives… carries the burden of demonstrating that renewed shared involvement is genuinely in the children’s interests,” she said.
Each party was ordered to bear their own legal costs.
Atukunda was represented by Boniface Lukwago of Oculus Advocates and Patricia Nyagoma of Nyanzi, Kiboneka, and Mbabazi Advocates.
Ikubor was represented by Dennis Kwezira of Ayigihugu and Company Advocates, Paul Rutisya of Kasirye, Byaruhanga and Company Advocates, Amos Matsiko of Ortus Advocates, and, later, GW Bwanika and Company Advocates.
