{UAH} Shock as Hajji Kigongo Faces Obtaining Marriage by False Pretense Charges

Shock as Hajji Kigongo Faces Obtaining Marriage by False Pretense Charges ^Featured

20 Jan 2015 Stephen K Muwambi

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Kingongo and estranged wife Olive

The ruling National Resistance Movement (NRM)'s Vice Chair, Al Hajji Moses Kigongo's split with his 30yr-long wife Olive Zaitun Kigongo has taken a deadly twist. So terrible the Hajji has to battle and foil an impending ten-year worth sentence, the Investigator can exclusively report.

Estranged Olive Kigongo is thinking outside the box in her separation and wealth sharing battle with her hitherto sweetheart.

After Kigongo laughed off her request for a share of his vast wealth, particularly the demand to be allocated the multi-billion Mosa Courts, Olive is now looking at fixing the latter once and for all by opening criminal charges against him.

Upon receiving Olive's separation papers, Kigongo laughed his head off, wondering how a woman he maintains he has never officially married, can start dreaming of sharing into his wealth.

"Oyo omukazi amala biseera, siyinza kumuwa kintu kyonna ku maali yange, simuwasangaako mu mateeka," Kigongo is quoted as rubbishing Olive's demands, loosely translated thus; "That woman is wasting time; I cannot give her a thing off my wealth because I have never legally contracted her in marriage."

Nevertheless, Olive has already instructed her lawyers of Kwesigabo, Bamwine, Walubiri and Company Advocates to file a divorce petition and have court allocate her the multi-million Mosa Courts Apartments, among Kigongo's wealth.

Criminal charges

With Kigongo sticking on his guns as above, Olive lawyers have since embarked on perusing the law with the intention of cutting him to size.

And finally, we can ably reveal, the lawyers have zeroed on criminal charges of FRAUDULENT PRETENCE OF MARRIAGE and are boasting it's the arsenal they have been missing to bring down the billionaire Kigongo.

At this point, the lawyers, inside sources tell us, are finalizing the process of filing private criminal charges against Kigongo. The charges are captured under Chapter XV, Section 152 of the Penal Code of the Republic of Uganda.

Under the "OFFENCES RELATING TO MARRIAGE AND DOMESTIC OBLIGATIONS," the Penal code states thus; "Any person who willfully and by fraud causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief commits a felony and is liable to imprisonment for ten years."

Criminal Law pundits explained to us that the charges are brought against a man who lures a woman into marriage and keep her in such relationship, enjoy her goodies, and make her render him services, which a married woman renders to his man, on the pretext that they are legally married, whereas he knows it all to be hot air.

"Those two people have been living as husband and wife for more than 20 years. He is therefore culpable under this section. We even need not to go into the details of what contribution Olive has made towards all the wealth Kigongo has acquired," a lawyer privy with Olive's petition offered.

It is understood that the lawyers are now hunting for precedents and authorities where the courts of law has in the past enforced the section in question to see how best they can handle Kigongo criminally.

Independent legal minds whom this website interviewed for purposes of this article offered that Olive has another redress under the Law of Contract.

According to this school of thought, marriage is a contract where a cause of action accrue to a partner who discovers later that the other partner had fooled him or her into believing that there existed a genuine relationship between them whereas not.

The foregoing part of the Contract Law appears to be on all fours with the section of the Penal Code quoted above earlier.

To be fair to Kigongo - at least according to him, it's Olive who allegedly made life impossible for him, which prompted the man to leave the matrimonial home at Kololo. Kigongo would go on to find solace in NTV's Faridah Nakazibwe. Kigongo now shares beddings and what have you with Faridah at Mosa Courts Apartments, the same Olive is determined to make them lose.

Borrowing from David Lutalo's song "Yajja n'akaveera bwatyo aleese loole" loosely translated "Why should a woman who came with negligible properties bring a lorry to pack properties on divorce," Kigongo narrates how "Olive left former husband Francis Babu with so little, but is now fighting tooth and nail to take a lion share of his property."

"Ewa Babu yanobayo nakaki?" ("What did she acquire from Babu's"?) Kigongo is reported by close pals as pondering, each time he retorts on the matter.

According to his pals, whenever he is cooling off under the fauna and flora dotting the compound of his spacious leisure facility these days, Kigongo oftentimes muses; "Yajja n'abaana b'oli, mbaakuzizza era omu kubo asajjakudde," loosely translated, "She came along with children. I have raised them…. One of them has even grown into a man."

It should be noted however, and as legal minds can testify, emotions have never won in court, but the best evidence does. Watch the space

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