Justice Godfrey Namundi dissolved the marriage in his judgment delivered on May 27th, 2019 on a petition filed by Achieng accusing Mao of cruelty and desertion.
Nobert Mao and Naomi Achieng Adong when they were still together
The High Court Family
Division has dissolved the marriage of Norbert Mao, the Democratic Party-DP President
to Naomi Achieng Adong.
Justice Godfrey Namundi
dissolved the marriage in his judgment delivered on May 27th, 2019
on a petition filed by Achieng accusing Mao of cruelty and desertion.
Mao, who has three
children with Achieng following their civil
marriage on August 8, 2003, is said to have deserted his wife for eight years.
“The evidence before this court shows the petitioner (Achieng)
has been living separately for eight years. The respondent has absconded from
the matrimonial home leaving the petitioner (Achieng) with the issues of
marriage”, said Justice Namundi as he delivered his judgment.
to the judgment, Mao shall continue occupying
the house on Plot 58 Valley Drive in Minister’s Village Ntinda for the interest
of their children for a period of three years.
Court has also
directed that the couple transfers the property in the names of the children.
Justice Namundi has also ordered Mao to relinquish to Achieng
all his interest and the property comprised of plot 14 Kitgum Road, Gulu
Municipality in Gulu Municipality.
Mao will also handover the motor vehicle registration number
UAH 437Z to Achieng as requested in her petition she filed in 2017.
being a family matter, Justice Namundi declined to give orders for costs.
In 2017, Achieng
dragged Mao to the High Court Family Division demanding seeking order 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
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 Achiengto 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