Kintu (supra)in which Bbosa J seen one;

Kintu (supra)in which Bbosa J seen one;

If the events possess matrimonial property just in case sure, whether the petitioner is actually permitted a share on matrimonial possessions?

The original parcel (EXHP8) which is located at Nyakihanga try bought by petitioner regarding a single Bataringaya, EXHP9 is the contract to the most other lot and therefore is something special from just one Bakasharebwa and you will Kirabo towards the respondent and you can already have a beneficial banana plantation

A-try was developed in order to define the expression ‘matrimonial property’ by Girls Justice Esther Kisakye in the example of Rwabinumi Compared to. Bahimbisomwe Civil Attention No. 10 regarding 2009 where she cited with acceptance the scenario off Muwanga Vs.

“matrimonial house is realized differently because of the differing people. There is always assets that couples made a decision to call domestic. There may be possessions which are often acquired alone by for each spouse prior to otherwise shortly after matrimony. Each one of these should in my view qualify differently. The house that for every single spouse is going to be entitled is that possessions and therefore parties chose to call household and you will which they as one sign up for”.

Then there is assets and that a husband get hold in believe into the clan

With regards to the evidence towards checklist, the fresh new petitioner affirmed you to definitely up on the woman ire Change Centre collaborating as a family powering an entire deals retail shop and soon after as one ordered house off a one Hajji Badru Sande which had a house with it. The brand new agreement regarding product sales was adduced when you look at the research since the EXHP1. She next reported that after they gone to live in Rukungiri, it ordered even more pieces of property including, land away from a-one John Kabareebe, (Exhibit P2), another bought of the respondent out-of John Kabareebe, (Showcase P3) but various other jointly purchased out of F. Mugondo where they mainly based the latest matrimonial home(look for Display P4). She including exhibited photo of the house due to the fact EXHP20 and you may receipts of some of the items she available in our house due to the fact EXHP21 (a), (b) and you may (c). She on the other hand adduced EXHP5 as the a binding agreement to possess residential property ordered because of the respondent out of Mugume Polly on which he’s got good banana plantation, EXHP6 because the land ordered jointly of W. Rushakama that also keeps good banana plantation and you can EXHP7 because the residential property bought by the respondent from Nshijja .Grams in which they expanded sweet carrots.

The fresh petitioner along with affirmed that pair afterwards gone to live in Kampala and you may throughout their stay together with her been dealing within the promoting autos off whose proceeds they bought a cab which they plus marketed from and soon after been powering a shop. Then they bought 6 items of belongings a couple of that have property therefore the rest ranches. You to definitely EXHP10 is actually a binding agreement to own residential property bought of the petitioner out-of a-one Byangwanye Obed, yet EXHP11 is actually for property bought together on youngsters from the late Levi Butumanya, EXHP12 once the belongings ordered as you regarding Kalumba Faisal with residential premises on Nateete and you will EXHP13 given that proof homes during the Kiwatule jointly purchased of Kalyegira Adone and you may which includes land and you can home.

The newest petitioner then adduced proof a contract (EXHP14) for which this new respondent handed over the shop from inside the Ntinda so you’re able to this lady and get adduced proof invoices towards the book she purchased a shop as the EXHP15 (a) and (b). She affirmed that after the brand new respondent was launched out of prison, the guy bankrupt the store, piled a lot of merchandize in it on to a trailer and you can grabbed these to Rwashamire in which the guy establish several other store, but after went the goods in order to Rukungiri. She adduced proof of images demonstrating the latest entrances of your own store brand new Fuso vehicle upon which the goods had been loaded with some of your natives viewing the fresh new exercise since the EXHP sixteen (a), (b) and you will (c). She reported that incident while the theft on Kiira road Police station vide SD Ref./2010.

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