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

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

If the people have matrimonial assets and when sure, whether the petitioner are permitted a share on matrimonial possessions?

A go was created so you can define the definition of ‘matrimonial property’ from the Female Justice Esther Kisakye in the example of Rwabinumi Versus. Bahimbisomwe Civil Attract Zero. 10 of 2009 where she quoted that have acceptance the actual situation regarding Muwanga Against.

The original lot (EXHP8) that’s located at Nyakihanga are purchased by the petitioner out-of a one Bataringaya, EXHP9 ‘s the contract with the other parcel and therefore is a gift in one Bakasharebwa and you can Kirabo to your respondent and you will already has good banana plantation

“matrimonial home is knew differently of the different people. Almost always there is possessions that couples made a decision to call home. There is certainly property which are often obtained individually of the for each lover prior to or once relationships. Then there is assets hence a husband get hold in faith on clan. The house to which per companion shall be titled would be the fact assets and this activities chose to label home and you will which they jointly subscribe”.

Every one of these would be to if you ask me qualify differently

With regards to the proof into listing, the latest petitioner affirmed you to through to her ire Trade Centre collaborating just like the a family group running an entire purchases retail store and soon after as you ordered house regarding a one Hajji Badru Sande which had a home on it. New contract from sales was adduced during the research because the EXHP1. She after that reported that once they transferred to Rukungiri, it bought significantly more pieces of house including, house off a one John Kabareebe, (Exhibit P2), some other ordered because of the respondent from John Kabareebe, (Exhibit P3) but several other jointly ordered of F. Mugondo in which it mainly based the brand new matrimonial family(discover Display P4). She in addition to presented photographs of the property given that EXHP20 and you will receipts of some of the items she purchased in our home since the EXHP21 (a), (b) and (c). She in addition adduced EXHP5 because a binding agreement to have land ordered by respondent of Mugume Polly about what they have a good banana plantation, EXHP6 once the property ordered jointly out of W. Rushakama which also possess good banana plantation and you will EXHP7 as the property bought from the respondent out-of Nshijja .G in which they developed sweet carrots.

The latest petitioner together with testified that the few later on relocated to Kampala and you will during their stay together become coping during the attempting to sell autos away from whoever proceeds they purchased a taxi cab that they and additionally offered of and later already been powering a shop. Then they bought six items of homes two of having homes plus the rest plantations. You to definitely EXHP10 try a binding agreement for house bought by the petitioner out of a single Byangwanye Obed, yet EXHP11 is for belongings purchased as one on people away from the latest later Levi Butumanya, EXHP12 while the house bought jointly of Kalumba Faisal which includes residential site within Nateete and you will EXHP13 given that proof of home within Kiwatule as you purchased away from Kalyegira Adone and you can with residential property and you may domiciles

The brand new petitioner after that adduced proof a binding agreement (EXHP14) wherein the fresh new respondent handed over a shop from inside the Ntinda to help you the girl and get adduced evidence of invoices to your lease she taken care of the shop given that EXHP15 (a) and you may (b). She testified that whenever brand new respondent was released regarding jail, the guy broke the shop, piled the majority of merchandize with it onto a trailer and you will took these to Rwashamire in which he create several other shop, but later gone items to Rukungiri. She adduced proof photos indicating the latest entrance of your shop this new Fuso vehicle where items was indeed loaded with specific of your own natives viewing new exercise as the EXHP 16 (a), (b) and you will (c). She reported that experience given that theft from the Kiira highway Cops channel vide SD Ref./2010.

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