Clan marriage case in court
Jan 11, 2007
A CITY lawyer has asked the High Court to stop the marriage of a couple from the same clan on the grounds that it is against tradition.
By Edward Anyoli
A CITY lawyer has asked the High Court to stop the marriage of a couple from the same clan on the grounds that it is against tradition.
In his final submission, Wycliff Birungi asked Justice Remmy Kasule to stop the marriage of Juliet Namazzi and Ivan Serunkuma.
“We pray that the marriage and wedding be found illegal, disgusting to morality. Court should issue a permanent injunction on Serunkuma and Namazzi, restraining them from undertaking the intended marriage as husband and wife,†Birungi’s submission reads in part.
Birungi is representing Bruno Kiwuuwa, Namazzi’s father.
Kiwuuwa ran to court after Namazzi tried to marry a clan-mate from the Ndiiga clan, saying it is against the Buganda’s traditions.
Namazzi claimed that Kiwuuwa is not her biological father, but a DNA test carried out in South Africa show that Kiwuuwa is 99.9% likely to be her biological father.
Birungi said it is a taboo for people who are genetically related to marry, adding that it contravenes the law of Uganda and tradition.
Meanwhile, Tom Mbalinda, the lawyer representing Serunkuma and Namazzi, hasasked court to allow the marriage between the two to proceed.
“We pray that court finds the intended marriage between Namazzi and Serunkuma legal and lifts the caveat lodged by Kiwuuwa,†said Mbalinda.
He said the law does not prohibit marriage between people from the same clan, as long as they are not directly related.
Mbalinda submitted that the Cannons of Church of Uganda do not prohibit a marriage between two persons of the same clan.
The wedding was scheduled to take place at St Francis Chapel at Makerere University on June 24, 2006, but was stopped by the High court. Judgment has been put on notice.
A CITY lawyer has asked the High Court to stop the marriage of a couple from the same clan on the grounds that it is against tradition.
In his final submission, Wycliff Birungi asked Justice Remmy Kasule to stop the marriage of Juliet Namazzi and Ivan Serunkuma.
“We pray that the marriage and wedding be found illegal, disgusting to morality. Court should issue a permanent injunction on Serunkuma and Namazzi, restraining them from undertaking the intended marriage as husband and wife,†Birungi’s submission reads in part.
Birungi is representing Bruno Kiwuuwa, Namazzi’s father.
Kiwuuwa ran to court after Namazzi tried to marry a clan-mate from the Ndiiga clan, saying it is against the Buganda’s traditions.
Namazzi claimed that Kiwuuwa is not her biological father, but a DNA test carried out in South Africa show that Kiwuuwa is 99.9% likely to be her biological father.
Birungi said it is a taboo for people who are genetically related to marry, adding that it contravenes the law of Uganda and tradition.
Meanwhile, Tom Mbalinda, the lawyer representing Serunkuma and Namazzi, hasasked court to allow the marriage between the two to proceed.
“We pray that court finds the intended marriage between Namazzi and Serunkuma legal and lifts the caveat lodged by Kiwuuwa,†said Mbalinda.
He said the law does not prohibit marriage between people from the same clan, as long as they are not directly related.
Mbalinda submitted that the Cannons of Church of Uganda do not prohibit a marriage between two persons of the same clan.
The wedding was scheduled to take place at St Francis Chapel at Makerere University on June 24, 2006, but was stopped by the High court. Judgment has been put on notice.