Kintu (supra)in which Bbosa J noticed you to;

Kintu (supra)in which Bbosa J noticed you to;

If the parties has actually matrimonial property and in case yes, whether the petitioner was eligible to a percentage throughout the matrimonial possessions?

A try was made to describe the definition of ‘matrimonial property’ because of the Girls Fairness Esther Kisakye when it comes to Rwabinumi Against. Bahimbisomwe Municipal Interest Zero. ten out of 2009 where she quoted that have recognition the outcome out-of Muwanga Versus.

She adduced proof images appearing new access of your shop the fresh Fuso vehicle where items were laden up with certain of one’s residents seeing brand new take action because EXHP 16 (a), (b) and you may (c)

“matrimonial home is know in another way because of the different people. Almost always there is possessions which the couple decided to telephone call domestic. There is property and this can be acquired separately because of the for each spouse in advance of otherwise after relationship. Then there is assets hence a spouse could possibly get hold in trust into the clan. Every one of these is to for me qualify in another way. The home that for every single companion is entitled would be the fact assets hence people made a decision to telephone call domestic and you will which they as you contribute to”.

According to the facts towards the list, the new petitioner testified you to abreast of the woman ire Exchange Hub working together because the a household powering a whole deals retail store and later jointly ordered belongings from a single Hajji Badru Sande which had a property in it. The latest arrangement off sale is adduced from inside the proof as EXHP1. She then stated that once they relocated to Rukungiri, they ordered more bits of land which include, residential property out-of a single John Kabareebe, (Display P2), another ordered by respondent out of John Kabareebe, (Showcase P3) yet another together bought out-of F. Mugondo where it situated the new matrimonial home(look for Display P4). She along with displayed photographs of the property as the EXHP20 and you may invoices of a few of the items she available in the house because EXHP21 (a), (b) and you may (c). She as well adduced EXHP5 given that an agreement getting home ordered from the respondent out of Mugume Polly about what they have an excellent banana plantation, EXHP6 given that residential property purchased together regarding W. Rushakama that can provides a good banana plantation and you can EXHP7 while the homes bought by the respondent regarding Nshijja .G in which it developed sweet carrots.

The initial piece of land (EXHP8) that’s found at Nyakihanga are purchased by petitioner off a one Bataringaya, EXHP9 ‘s the arrangement towards most other piece of land and that is a gift from 1 Bakasharebwa and you may Kirabo for the respondent and you may currently have a banana plantation

This new petitioner also testified that the couple afterwards gone to live in Kampala and you will during their stand along with her become dealing from inside the attempting to sell vehicles regarding whoever continues they bought a taxi that they also marketed from and soon after been running a shop. They then ordered six bits of residential property a couple of that have households therefore the people ranches. You to EXHP10 is a contract to possess homes ordered because of the petitioner out of a single Byangwanye Obed, yet EXHP11 is for land purchased together regarding college students of this new later Levi Butumanya, EXHP12 because the home purchased as one out-of Kalumba Faisal with residential site on Nateete and you can EXHP13 as the proof of residential property from the Kiwatule jointly bought out-of Kalyegira Adone and you will with residential property and houses.

The new petitioner subsequent adduced proof a binding agreement (EXHP14) where the brand new respondent paid the shop inside Ntinda in order to this lady and then have adduced evidence of invoices into the rent she taken care of the shop just like the EXHP15 (a) and (b). She testified whenever the fresh new respondent was released from jail, the guy broke the shop, loaded the majority of merchandize with it on to a truck and you can took them to Rwashamire in which he created another shop, but later on moved the goods so you’re able to Rukungiri. She reported that incident given that theft on Kiira road Cops station vide SD Ref./2010.

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