Kintu (supra)in which Bbosa J seen one;

Perhaps the parties have matrimonial property incase sure, whether the petitioner is eligible to a share throughout the matrimonial possessions?

A try was made in order to define the phrase ‘matrimonial property’ by Lady Justice Esther Kisakye regarding Rwabinumi Vs. Bahimbisomwe Civil Notice Zero. ten out-of 2009 in which she quoted with acceptance the scenario off Muwanga Vs.

She adduced evidence of photographs proving the latest entrance of shop this new Fuso vehicle upon which the goods was laden up with particular of one’s neighbors viewing the new get it done because the EXHP 16 (a), (b) and you will (c)

“matrimonial house is understood in a different way by the different people. There’s always assets that your few decided to call house. There can be assets which are often obtained on their own by for every mate prior to otherwise shortly after relationship. Then there is property which a husband will get hold in faith towards clan. Each of these is i think meet the requirements differently. The property that per mate should be named is the fact property which people decided to telephone call family and you may that they jointly join”.

With respect to the proof on record, new petitioner affirmed you to upon their ire Change Heart working together since a family running an entire profit merchandising shop and soon after as one ordered land of a one Hajji Badru Sande which had a house inside it. The newest contract off marketing are adduced during the facts once the EXHP1. She after that reported that once they gone to live in Rukungiri, they bought way more bits of house which include, land out of a one John Kabareebe, (Display P2), another ordered of the respondent out of John Kabareebe, (Display P3) but various other as you purchased off F. Mugondo where they depending the fresh new matrimonial house(select Exhibit P4). She also demonstrated photos of the property as EXHP20 and you can receipts of a few of the things that she purchased in our house once the EXHP21 (a), (b) and you will (c). She as well adduced EXHP5 while the a contract having house purchased by respondent of Mugume Polly about what he’s a great banana plantation, EXHP6 since the land bought as one off W. Rushakama that also provides a beneficial banana plantation and you may EXHP7 once the land purchased by the respondent regarding Nshijja .Grams where they cultivated sweet carrots.

The initial parcel (EXHP8) that’s located at Nyakihanga is bought of the petitioner out-of a one Bataringaya, EXHP9 ‘s the agreement for the most other lot which was a gift in one Bakasharebwa and you may Kirabo to the respondent and you will already features a banana plantation

The fresh new petitioner including affirmed your partners later moved to Kampala and you may throughout their stay together come dealing during the selling autos of whose continues it purchased a cab which they in addition to offered off and soon after already been powering a shop. Then they ordered 6 bits of land two of having domiciles and also the other individuals plantations. One EXHP10 are a binding agreement getting home purchased by petitioner from a-one Byangwanye Obed, yet EXHP11 is for house ordered jointly throughout the people off the fresh new late Levi Butumanya, EXHP12 since the land purchased as one regarding Kalumba Faisal that has residential premises at Nateete and you may EXHP13 just like the evidence of property within Kiwatule as one bought out-of Kalyegira Adone and you will that has property and you will houses.

The new petitioner then adduced proof an agreement (EXHP14) which the new respondent paid a shop from inside the Ntinda to the girl and have adduced proof receipts to your book she paid for the shop since EXHP15 (a) and you will (b). She testified that after the respondent was released out-of prison, the guy broke a shop, stacked much of merchandize inside to a trailer and you may grabbed them to Rwashamire where the guy arranged another shop, but afterwards went the goods so you can Rukungiri. She stated that experience while the theft on Kiira street Cops channel vide SD Ref./2010.

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