Kintu (supra)in which Bbosa J seen you to definitely;

Kintu (supra)in which Bbosa J seen you to definitely;

Whether the people keeps matrimonial possessions and when yes, whether or not the petitioner is entitled to a percentage from the matrimonial property?

A try was made to help you determine the term ‘matrimonial property’ of the Female Justice Esther Kisakye in the case of Rwabinumi Compared to. Bahimbisomwe Civil Attract No. 10 out of 2009 where she cited which have acceptance the way it is away from Muwanga Against.

She adduced proof of photographs exhibiting the latest entrances of your shop the fresh new Fuso truck upon which items had been laden up with certain of residents seeing brand new do so as the EXHP 16 (a), (b) and you may (c)

“matrimonial house is knew in a different way from the different people. Often there is property which the couples made a decision to call family. There may be possessions which is often acquired by themselves by per companion prior to otherwise immediately following marriage. Then there’s assets and that a husband get hold in faith on the clan. Each one of these is always to i think be considered differently. The home that for each partner will be entitled would be the fact possessions and therefore functions decided to phone call household and you can which they as you join”.

With regards to the evidence on the listing, the latest petitioner testified one abreast of the woman ire Trade Middle working together due to the fact a family powering an entire income merchandising shop and later together ordered home out of a one Hajji Badru Sande which had a house in it. The arrangement away from product sales are adduced when you look at the facts since the EXHP1. She after that stated that when they transferred to Rukungiri, they bought a great deal more items of home which includes, residential property off a single John Kabareebe, (Exhibit P2), other purchased from the respondent out of John Kabareebe, (Showcase P3) but various other as one ordered away from F. Mugondo in which they depending the new matrimonial family(discover Showcase P4). She including shown photos of the property just like the EXHP20 and you may receipts of some of the items she bought in our home due to the fact EXHP21 (a), (b) and you can (c). She as well adduced EXHP5 once the an agreement to have property bought of the respondent off Mugume Polly about what he’s a banana plantation, EXHP6 because homes purchased jointly out-of W. Rushakama that also have good banana plantation and you can EXHP7 just like the belongings ordered from the respondent out-of Nshijja .Grams where it grown sweet carrots.

The initial parcel (EXHP8) which is located at Nyakihanga was ordered from the petitioner out of a single Bataringaya, EXHP9 ‘s the arrangement on most other parcel and this is something special in one Bakasharebwa and Kirabo into respondent and you can currently have an excellent banana plantation

The new petitioner plus affirmed that the pair afterwards transferred to Kampala and you will throughout their stay with her come dealing for the selling autos regarding whose proceeds they purchased a cab which they also offered of and later been powering a store. Then they purchased 6 bits of residential property two of which have properties additionally the other individuals ranches. You to EXHP10 is actually an agreement to possess homes ordered from the petitioner out of a one Byangwanye Obed, yet , EXHP11 is actually for homes purchased jointly regarding pupils out-of this new later Levi Butumanya, EXHP12 since house ordered as one regarding Kalumba Faisal with home-based site during the Nateete and EXHP13 since the evidence of land in the Kiwatule as one ordered from Kalyegira Adone and you may with land and you will property.

Brand new petitioner further adduced proof a binding agreement (EXHP14) which this new respondent handed over the shop into the Ntinda to help you the woman and just have adduced evidence of receipts towards the rent she purchased a shop once the EXHP15 (a) and (b). She affirmed that when the new respondent was released out-of jail, he broke the shop, loaded a lot of merchandize with it onto a truck and you may took them to Rwashamire in which the guy set up some other store, however, after gone items in order to Rukungiri. She reported that event as the thieves within Kiira roadway Cops station vide SD Ref./2010.

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