The Rev Christopher Tugumehabwe, the husband to Judith Tukamuhabwa said to have lured the former Archbishop of the Church of Uganda, Stanley Ntagali, into adultery has petitioned court seeking Shs530m as compensation for what he went through.
Through his lawyers of Bikangiso & Co. Advocates, Tugumehabwe wants Ntagali to compensate him with Shs530m after confessing having an affair with his wife Tukamuhabwa.
On Thursday last week, Ntagali confessed publically that he committed adultery with Tukamuhabwa. Ntagali made a public apology and sought for forgiveness.
“I fell into sin of adultery and I confessed to the Lord to forgive me and I want the church to forgive me. My brother bishops, all our partners, brothers and sisters in the vineyard of the Lord, the entire Church of Uganda and all our partners all over the world and the family of Rev Christopher, his wife Judith, the two families please forgive me. And I want to remain closer to Jesus,” Ntagali said.
Through his lawyers, Tugumehabwe says that he learnt from various media platforms of the fact that Ntagali admitted to having committed an offence of adultery with his wife.
In his intention to sue suit, Tugumehabwe accuses Ntagali of encouraging Tukamuhabwa to ask for divorce before the Kabale Magistrate’s Court on claims of cruelty. He claims that this was after Ntagali slept and impregnated his wife.
They have now given the former Archbishop 14 days within which to pay Tugumehabwe Shs500m as damages and Shs30m as their legal fees or else prepare to face them in court.
The lawyers also want Ntagali to apologise to the Reverend.
“Your unbecoming, sinful and unlawful conducts have occasioned our client general damages to wit- loss of dignity, marriage break down, stress, trauma, embarrassment, loss of privacy, loss of his job as a lecturer at Bishop Barham University College and minimal chances to rise in the clergy ranks,” reads suit in part.
The statement adds, “Should you fail to comply with the above demands made therein within a period of 14 days from the date of receipt of this notice, we have been given “a green light” by our client to drag you to court at your own cost, detriment, further embarrassment and peril.”
Notice to sue
RE: NOTICE OF INTENTION TO ADD YOU AS A CO-CROSS RESPONDENT IN DIVORCE CAUSE NO.5/2020 VIDE TUKAMUHABWA JUDITH VERSUS TUGUMEHABWE CHRISTOPHER / PETITION FOR DAMAGES
The above subject matter refers.
We represent the Respondent / Cross Petitioner Rev. Tugumehabwe Christopher hereinafter referred to as “Our Client” and on whose express instructions, we address you as herein under;
Our client celebrated a church marriage with his wife Tukamuhabwa Judith on the 15’th Day of December, 2018,
On the 8′h Day of December, 2020, our client’s wife petitioned for divorce before the Chief Magistrates Court of Kabale at Kabale on the ground of “Cruelty”.
It has come to our client’s knowledge that you were committing adultery with our client’s wife and that she currently bears your own child who was born in their marriage.
It has also come to our client’s knowledge that you encouraged, advised and ensured that our client’s wife petitions for divorce.
We have also recently learnt from various media platforms of the fact that, you admitted to having committed an offence of adultery with our client’s wife. In addition, we have overwhelming video and audio evidence in proof the same.
Your unbecoming, sinful and unlawful conducts have occasioned our client general damages to wit- loss of dignity, marriage break down, stress, trauma, embarrassment, loss of privacy, loss of his job as a lecturer at Bishop Barham University college and minimal chances to rise in the clergy ranks.
WHEREFORE we hereby make the followings demands;
Pay a sum of Ugx.500, 000,000 as damages occasioned to our client.
Pay a sum of Ugx.30, 000,000 as Costs incurred so far in Divorce Cause No. 5/2020 by and to our client.
Formally apologize in person to our client. (See Mathew 5:23-24)
SHOULD YOU fail to comply with the above demands made therein with in a period of 14 days from the date of receipt of this notice, we leave been given “a green light” by our client to drag you to court at your own cost, detriment, further embarrassment and peril.
Lawyers: Why Shs350m adultery case against Ntagali has no basis. It’s blackmail.
Lawyers have said Ntagali should not release a single coin to Rev Tugumehabwe because the latter’s case has no “legal value”.
The lawyers who requested not to be named citing conflict of interest and also wanted to speak freely said Rev Tugumehabwe’s Notice of Intention to Sue is “only good in so far as blackmail and scandal!”
Experts’ analysis
All the three legal officers who are advocates of the High Court said the law on adultery was scraped off by the Constitutional Court in 2007.
The criminal aspect of adultery imposed a higher burden on women more than men and was found as unfair and discriminatory before it was outlawed by court.
The law previously entailed that women found guilty of the offence faced a fine or up to a year in jail while a man found guilty was asked to pay a fine of Shs200 and compensate the aggrieved party with Shs600 or end up in jail for 12 months.
“Since then, the Constitutional Court has never amended it. This means that so far we don’t have a law on adultery in Uganda as of now,” a lawyer said.
“And as you can see there is no case. And the demand for Shs500 million is blackmail,” he added.
Asked to expound on his extortion claims he said, “Already there is no law. Secondly, they are asking Shs500 million from damages which they must prove in court. All those allegations raised that Ntagali had influenced the lady to divorce her husband, is hearsay. There is no evidential value at all.”
“May be they should add Ntagali as co-respondent in the case. That is all they can do. And if I were a lawyer of Ntagali I would advise the Reverend to go ahead and sue, I sit back and wait for their pleadings,” the lawyer said.
The third lawyer who spoke to the press posed a question, “How do you quantify damages for loss of love? He has no cause of action.”
He added: “The Reverend can only blackmail Ntagali but cannot succeed legally against him.”
“In conclusion, the Man of God, Stanley Ntagali, has taken shame of sleeping with a married woman. He owned the shame and apologised. Nothing more,” he concluded.
Background
In January, the Archbishop of the Church of Uganda, the Most Rev Stephen Samuel Kazimba Mugalu, suspended his predecessor for committing adultery.
Ntagali’s suspension was confirmed in a January 13 letter by Kazimba to the Anglican Bishops under the Global Anglican Future Conference (GAFCON).
Part of the letter said: “It is with a very heavy heart that I inform you that my predecessor, retired Archbishop Stanley Ntagali, has been involved in an extra-marital affair with a married woman, which he has acknowledged. This adultery is a grievous betrayal on many levels. Retired Archbishop Ntagali has betrayed his Lord and Saviour, his wife and their marriage vows, as well as the faith of many Ugandans and global Christians who looked to him to live the faith he proclaimed.”
It later emerged that Ntagali had been sleeping with Tukamuhabwa, wife to Rev Tugumehabwe of Kabale.
Ntagali, expressed remorse, apologised to both Tukamuhabwa and Tugumehabwe and and the Almighty God to forgive him.