Kajjansi Chief Magistrate's Court has declined to dismiss a divorce petition filed by Pastor Aloysius Bujjingo of House of Prayer Ministries due to lack of jurisdiction as alleged by his wife Teddy Naluswa.
Ms Naluswa had filed an application seeking for the dismissal of the case stating that her husband had filed it before a lower court that lacks powers to handle cases, whose matrimonial property value exceeds Shs50 million.
Through her lawyer Julius Galisonga, Ms Naluswa stated that their property had accumulated and is worth Shs1 billion, thus the divorce case should have been lodged at High Court's Family Division.
However, the trial magistrate, Mary Babirye, deferred the application until after the hearing of Pastor Bujjingo's petition such that the evidence pertaining to the issue raised is heard.
The magistrate explained that this would deter a move by court to pronounce that it has no jurisdiction because the matrimonial property exceeds the pecuniary jurisdiction.
"It is my view therefore that matrimonial property does not form the subject matter of the divorce proceedings because it is after the pronouncement by court on whether a divorce has been granted that those other issues are considered," Ms Babirye ruled.
The couple married at Victory Christian Centre Ndeeba, in Kampala, on December 20, 2003.
In his petition through his lawyer, Ruhinda Advocates and Solicitors, Pastor Bujjingo noted that they have always been counseled jointly with the wife by both elders and friends but all was in vain as the intended results were not achieved.
He also points out four particulars including an incident on August 10, 2015 when he (Bujjingo) presented an agreement of purchase of the church land to his wife, she instead threw the papers in his face in the presence of their children.
Bujjingo also claims that his wife has been in constant communication with his known rivals (enemies of the church), a conduct he describes as cruel, malicious and intended to inflict mental suffering on him.
"Therefore, your humble petitioner prays that this honourable court may be pleased to issue; a decree nisi to dissolve the marriage between your petitioner (Bujjingo) and the respondent (his wife)." the petition reads in part.
Ms Naluswa has since opposed the divorce petition stating church marriage is meant to last for forever and that her husband has no valid as to why he is divorcing her.