MOOT PROBLEM 2

The Intra Moot Problem question for the Aug -Dec Semester 2023

Dante Walusimbi is a father to two daughters, Lawoko Destiny aged 9, and Lukowe Sunshine aged 12. He had a disagreement with his wife, Betty Nandudu, who decided to leave him after discovering that he was seeing Naguddi, the woman who sold alcohol at his local "kafunda".

The daughters have confided in their aunt, that they want to start living with her, expressing distress over their father's actions who refused them to join their mother in Masaka, at her father's home. Fearful of repercussions, they have not told her the specific nature of the harm he inflicts or the actions they are worried about. This reluctance stems from their father's promise that revealing the details could lead to a dire consequencea loss of eyesight and eventual blindness.

Auntie Babirye observed the girls experiencing difficulty walking during their visits to her house and immediately told Betty that she was worried. Alarmed by this, the mother returns to Kira at their marital home where she approaches Walusimbi with concern. He impulsively slaps her, causing her to fall to the ground. A fight ensues but is put to an end by bystanders and the neighbors who claim that these two have been having marital disagreements since Kintu married Nambi.

One evening Nandudu decides to sneak into the house and hide. She notices that there are used condoms on the floor and two dresses placed in the corner of the house. She is not sure if these belong to her daughters.

As the night grows longer, she hides under the bed of the bedroom where her husband sleeps. After returning home drunk, Mr. Walsuimbi wakes up the girls and tells them to undress. In addition, he takes off his clothes. In the bedroom, he insists that since their mother left, they must pay for her sins and that a man must sleep with a woman. On hearing this Nandudu jumped from under the bed and started to scream at the top of her voice as she tried to run out of the house. Startled, Walsuimbi leaped naked from the bed and attacked his wife, who hit her head on a nearby wall and bled to death.

A person passing by overheard screams and quickly alerted the chairman and the village defense. Upon arrival, they were confronted with a shocking sight, two young girls, naked and distressed. The girls explained that their father had gone to the kitchen to fetch a "kutiya". The defense team quickly located the father in the kitchen, also naked. He attempted to justify his actions by claiming that as they were holding a family custom and a ritual, his wife fell and hit her head to the wall. The case has been referred to the area police, and the officer in charge (OC) strongly advocates for the man to be brought to justice. He also states that this case will be sent directly to the chief magistrate for determination without fail. He also believes that the community no longer wishes to tolerate or protect criminals of this nature. Sunshine has been going through her mother's phone and found a dairy App.

Annexure "A"

NANDUDU BETTY'S DIARY ENTRY

Date: 12/08/2023

Today was a nightmare. Dante and I had a confrontation that spiraled out of control. I found out that this ki man is having an affair with Naguddi, the woman from kamuufu. I am shattered, banange, nfaa. I am better than her in every way. I am tired, tired, tired. I am a beautiful, powerful, and educated woman, what am I doing here? Betty! What are you doing here?

Dante, with all his guilt, said so many hurtful words, as the tension escalated, he resorted to beating me and even slapped and kicked Sunshine for defending me. The home is toxic,Dante is always drunk, Dante does so many bad ugly things that I cannot tell you dairy, he might steal you from me one day. I have wounds and scars all over my body, I don't think Dante still loves me, I don't think he even loves our daughters. Is it all because I have not given him a son, am I a bad wife, why is Dante doing these things? Dairy, I am tired. This dark chapter in our lives has made me lose faith in marriage.