The 16-year old marriage of Norbert Mao, the president general of Opposition Democratic Party (DP), has been formally dissolved by the Family Division of the High Court.
On Friday, Justice Godfrey Muyindi of the Family Division of the High Court ruled that according to circumstances and evidence brought to court, both people could no longer live together and separated them forever and officially.
“The evidence before this court shows that the petitioner and the respondent have been living separately for eight years, the respondent (Mao) having absconded from the matrimonial home leaving the petitioner (Naomi) with issues of the marriage,”Muyindi said in his judgment.
“It is therefore a conclusion that both want divorce and their marriage cannot be redeemed.”
In her lawsuit before the High Court Family Division in 2017, Ms. Odongo filed for divorce citing acts of cruelty from her husband which she said had forced their marriage to break down.
Ms. Odongo had asked the court to grant her sole custody of their two children as Mao be given access, their maintenance, ownership of a motor vehicle and properties at plot 58 valley drive ministers village Ntinda and that located at Senior quarters in Gulu.
In his response, Mr. Moa contested the allegations of cruelty and instead cross-petitioned for divorce on grounds that his wife had deserted their matrimonial home for eight years now hence leading to irretrievable breakdown of their marriage leaving behind their two sons aged 19 and 14 years.
In 2017, Achieng dragged Mao to the High Court Family Division demanding the sole custody of their children and that Mao be given access to them.
She also sought for an order for maintenance of the children and that Mao surrenders Vehicle registration number UAH 437Z. Achieng also demanded that the Property in Ntinda be registered in her names such that Mao keeps the rest of the property.
She argued that she contributed to the construction of the house in Ntinda by buying wardrobes, cabinets and other property. Mao contested the allegations of cruelty and approved of the divorce arguing that Achieng had deserted their home leading to irretrievable breakdown of marriage.
Mao also prayed that the marriage between him and Achieng be dissolved. He asked court to give him primary custody of the children and that that Achieng be given reasonable access to them.
He also asked that the Ntinda property be put in the names of the children and willingly accepted to relinquish all his interests in and transfer their property in Gulu measuring an acre of land. Mao also agreed to surrender the vehicle requested by Acheing, saying he bought it for her.
As part of his evidence, Mao tabled evidence before court for the purchase of the Ntinda property, saying that as a politician he saw widows of the house being dispossessed and decided that they become joint tenants for the sake of the family.
The duo had to buy a house from a one Azu. Mao paid Shillings 35 million as they were still cohabiting in 2002 using part of his salary he obtained from Parliament as a legislator. He however, says he added Achieng’s names on the property title for the reasons stated.
Mao obtained a mortgage of Shillings 60 million from DFCU Bank and an additional loan from Centenary Bank to roof the house. It’s only in 2007 when he cleared the loan using his gratuity from parliament, according to the evidence in court.
Mao applied for the property in Gulu valued at Shillings 400M from Gulu Municipal Council and paid the premium in 2007. He invited Achieng to sign the papers while renewing the lease in 2013 so that she doesn’t go empty handed.
Court set out to determine the property distribution and who of the couple should take custody of their youngest child. In his judgment, the judge noted that the applicant didn’t take any evidence proving the allegations of cruelty against Mao as alleged.
“It is evident that the marriage between the petitioner (Achieng) and the respondent (Mao) has irretrievably broken down. It is accordingly a foregone conclusion that both parties want a divorce and their marriage cannot be redeemed”, said Namundi.
He ordered that Mao stays with the minor since it is improper to halt the environment the minor is used to.
