September 6, 2022

Kintu (supra)in which Bbosa J seen one;

Kintu (supra)in which Bbosa J seen one;

Whether or not the events provides matrimonial property and in case yes, if the petitioner is actually permitted a percentage on the matrimonial possessions?

A go was made in order to describe the term ‘matrimonial property’ by the Ladies Fairness Esther Kisakye in the case of Rwabinumi Against. Bahimbisomwe Municipal Focus Zero. 10 off 2009 where she quoted which have recognition your situation out of Muwanga Vs

She adduced evidence of pictures proving brand new access of your store the new Fuso truck upon which items have been full of certain of natives enjoying the brand new take action given that EXHP sixteen (a), (b) and (c)

“matrimonial property is understood in another way from the each person. There is always assets that the partners chose to label domestic. There could be property that can be obtained on their own by the per partner ahead of or shortly after marriage. Then there is property which a partner will get control trust to your clan. Each of these should i think meet the requirements differently. The property to which for each lover would be entitled is that possessions and therefore people chose to name domestic and you may which they as one sign up to”.

Depending on the proof to the checklist, the fresh new petitioner testified that abreast of her ire Exchange Center collaborating given that a family running an entire sale merchandising shop and later as one bought land away from a one Hajji Badru Sande which in fact had a house with it. The latest arrangement out-of marketing is adduced into the facts once the EXHP1. She subsequent reported that once they moved to Rukungiri, it bought significantly more bits of property including, land out of a single John Kabareebe, (Exhibit P2), various other purchased by respondent regarding John Kabareebe, (Showcase P3) but various other together purchased out-of F. Mugondo in which it situated the fresh new matrimonial household(pick Showcase P4). She as well as demonstrated photos of the home given that EXHP20 and you may receipts of a few of the things that she available in our house since the EXHP21 (a), (b) and (c). She on top of that adduced EXHP5 since the a contract to own land purchased of the respondent away from Mugume Polly on which he has a great banana plantation, EXHP6 as residential property bought as you out of W. Rushakama that also features an excellent banana plantation and you may EXHP7 while the land purchased from the respondent regarding Nshijja .Grams in which it expanded nice carrots.

The initial parcel (EXHP8) that is located at Nyakihanga try ordered by the petitioner off a-one Bataringaya, EXHP9 is the contract into other lot and this was something special from one Bakasharebwa and you will Kirabo towards respondent and you will currently keeps good banana plantation

Brand new petitioner including affirmed your couples after transferred to Kampala and throughout their stay together already been coping in selling trucks out-of whoever continues they ordered a taxi which they and additionally offered out of and soon after already been powering a shop. They then purchased six pieces of belongings a couple of with houses in addition to other individuals plantations. That EXHP10 is a binding agreement getting property purchased because of the petitioner out of a one Byangwanye Obed, yet EXHP11 is actually for property bought as you throughout the people off the latest later Levi Butumanya, EXHP12 as the home bought as one away from Kalumba Faisal which has residential site from the Nateete and you will EXHP13 because proof land on Kiwatule jointly purchased out of Kalyegira Adone and you can which includes belongings and you may households.

The newest petitioner after that adduced proof a contract (EXHP14) wherein this new respondent paid the shop within the Ntinda so you’re able to the woman and also have adduced proof invoices for the book she covered a shop since the EXHP15 (a) and you can (b). She affirmed that whenever the respondent premiered out of jail, he broke a shop, piled the majority of merchandize inside on to a truck and you can took them to Rwashamire where the guy establish other shop, however, afterwards went items so you can Rukungiri. She reported that incident because the theft in the Kiira roadway Cops route vide SD Ref./2010.

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