Whether the events have matrimonial property incase sure, if the petitioner is actually permitted a share about matrimonial property?
A-try was created to describe the term ‘matrimonial property’ from the Lady Justice Esther Kisakye in the example of Rwabinumi Against. Bahimbisomwe Civil Notice No. 10 of 2009 in which she cited that have acceptance possible of Muwanga Versus.
She adduced proof of photos demonstrating the fresh entrance of store brand new Fuso vehicle upon which the goods was indeed full of specific of your natives watching the newest do so while the EXHP 16 (a), (b) and you will (c)
“matrimonial house is understood differently by different people. Often there is assets that partners chose to call house. There can be assets which is often acquired individually by for each lover prior to otherwise once wedding. Then there is possessions and this a spouse can get control faith on the clan. Every one of these should in my view qualify differently. The home that for each and every mate would be named would be the fact possessions hence events decided to call home and which they as one sign up for”.
Depending on the proof towards the checklist, new petitioner testified you to upon this lady ire Trading Heart working together once the a family powering a whole revenue retail shop and soon after as you purchased residential property regarding a-one Hajji Badru Sande which had a house involved. The newest arrangement out of revenue is adduced inside facts because EXHP1. She next stated that once they gone to live in Rukungiri, it bought far more pieces of residential property which include, land away from a-one John Kabareebe, (Exhibit P2), several other bought by the respondent of John Kabareebe, (Showcase P3) however other as one bought of F. Mugondo in which they built the new matrimonial house(come across Exhibit P4). She plus demonstrated photo of the home once the EXHP20 and you will invoices of a few of the items she purchased in the house just like the EXHP21 (a), (b) and (c). She while doing so adduced EXHP5 as the a binding agreement to possess land ordered because of the respondent off Mugume Polly on what he has got a beneficial banana plantation, EXHP6 as the land ordered as you regarding W. Rushakama that also has an excellent banana plantation and you may EXHP7 once the belongings bought of the respondent off Nshijja .Grams where they grown nice carrots.
The initial piece of land (EXHP8) that’s located at Nyakihanga was bought by the petitioner away from a single Bataringaya, EXHP9 ‘s the agreement to your almost every other lot and that is actually a present in one Bakasharebwa and you will Kirabo into the respondent and you will currently provides a beneficial banana plantation
The brand new petitioner in addition to affirmed your partners afterwards relocated to Kampala and you will in their stay together with her come dealing when you look at the offering cars out-of whoever continues they bought a taxi cab that they as well as marketed regarding and later already been running a shop. They then bought 6 pieces of residential property two of having households while the other individuals plantations. That EXHP10 are an agreement to own home purchased because of the petitioner off a single Byangwanye Obed, yet EXHP11 is actually for residential property purchased as one in the pupils regarding the newest late Levi Butumanya, EXHP12 due to the fact house bought as you out of Kalumba Faisal with residential premise on Nateete and you can EXHP13 while the evidence of property within Kiwatule as you bought from Kalyegira Adone and you will with belongings eastmeeteast and you will property.
The latest petitioner subsequent adduced proof an agreement (EXHP14) in which the latest respondent paid a shop when you look at the Ntinda so you can her while having adduced evidence of invoices to the rent she taken care of the store due to the fact EXHP15 (a) and (b). She testified that whenever the brand new respondent premiered of jail, he bankrupt a shop, stacked a lot of merchandize in it to a truck and got these to Rwashamire where he install various other store, however, later moved the products to help you Rukungiri. She stated that experience because the theft during the Kiira street Cops channel vide SD Ref./2010.