Kintu (supra)in which Bbosa J noticed one;

Kintu (supra)in which Bbosa J noticed one;

Whether the activities possess matrimonial property and in case yes, whether the petitioner try permitted a share in the matrimonial assets?

A-try was made to identify the phrase ‘matrimonial property’ by People Justice Esther Kisakye in the case of Rwabinumi Versus. Bahimbisomwe Municipal Focus Zero. 10 regarding 2009 in which she cited having acceptance possible out of Muwanga Compared to.

She adduced proof images exhibiting the fresh new access of your own store the fresh Fuso truck where items was in fact packed with specific of your own natives watching the new exercise because the EXHP sixteen (a), (b) and (c)

“matrimonial house is knew in different ways from the differing people. There’s always property that few made a decision to call home. There could be property that can be gotten individually by the for each mate in advance of or shortly after marriage. Then there’s assets and that a spouse may hold in believe towards the clan. Every one of these is if you ask me be considered in another way. The property to which for every single mate shall be titled is the fact property hence activities decided to name house and that they as one donate to”.

Depending on the evidence into the number, brand new petitioner testified you to definitely up on the lady ire Change Hub collaborating since children running a whole business retail shop and later as one purchased property regarding a single Hajji Badru Sande which in fact had a house with it. The agreement of product sales was adduced within the research since the EXHP1. She then reported that after they moved to Rukungiri, it purchased a great deal more items of property including, home out of a one John Kabareebe, (Display P2), another purchased by respondent off John Kabareebe, (Exhibit P3) yet some other together ordered away from F. Mugondo in which they centered new matrimonial domestic(pick Showcase P4). She in addition to showed images of the property just like the EXHP20 and invoices of a few of the things that she available in our house due to the fact EXHP21 (a), (b) and (c). She concurrently adduced EXHP5 since the an agreement to possess land bought by respondent from Mugume Polly on which he’s a good banana plantation, EXHP6 given that house bought as you regarding W. Rushakama that also possess a beneficial banana plantation and you may EXHP7 while the residential property ordered by respondent regarding Nshijja .G in which they developed sweet carrots.

The first piece of land (EXHP8) that’s located at Nyakihanga try ordered of the petitioner out-of a one Bataringaya, EXHP9 is the agreement to the almost every other parcel hence try a gift from Bakasharebwa and you will Kirabo for the respondent and you can already has good banana plantation

The newest petitioner along with affirmed that few later transferred to Kampala and you may during their remain together with her started coping from inside the offering automobiles of whoever continues they ordered a taxi cab which they and ended up selling out-of and soon after become powering a shop. They then purchased six bits of land two of with properties while the other individuals plantations. One to EXHP10 was a contract for property ordered because of the petitioner off a-one Byangwanye Obed, yet , EXHP11 is for house purchased together from the youngsters off new late Levi Butumanya, EXHP12 due to the fact property ordered jointly out of Kalumba Faisal which includes residential properties on Nateete and you will EXHP13 as the proof of belongings at the Kiwatule as you purchased out of Kalyegira Adone and you can which includes land and properties.

The petitioner after that adduced evidence of a contract (EXHP14) for which the latest respondent paid the shop inside Ntinda so you’re able to the woman and also have adduced proof of receipts towards book she paid for the shop since the EXHP15 (a) and you will (b). She testified that after new respondent was launched from prison, he broke the store, loaded the majority of merchandize on it onto a trailer and you can got them to Rwashamire in which the guy create several other store, however, later moved the goods in order to Rukungiri. She reported that incident as the thieves from the Kiira street Police channel vide SD Ref./2010.

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