Kintu (supra)in which Bbosa J noticed one;

Kintu (supra)in which Bbosa J noticed one;

Whether the functions have matrimonial property of course, if yes, perhaps the petitioner is entitled to a share regarding the matrimonial property?

A-try is made to describe the term ‘matrimonial property’ from the Girls Justice Esther Kisakye in the example of Rwabinumi Vs. Bahimbisomwe Municipal Notice No. 10 of 2009 in which she cited which have approval possible out of Muwanga Vs.

The original piece of land (EXHP8) which is found at Nyakihanga try bought of the petitioner of a single Bataringaya, EXHP9 is the arrangement to your other piece of land and therefore are a present from a single Bakasharebwa and you can Kirabo into respondent and you may already provides a banana plantation

“matrimonial house is knew in another way by the differing people. There is always assets that few decided to name household. There can be property which can be acquired separately from the for every lover before or immediately after matrimony. Then there’s possessions and that a husband could possibly get hold in believe towards the clan. The house or property to which per spouse will be entitled would be the fact assets and this functions made a decision to phone call house and you may that they jointly join”.

All these is to for me qualify in a different way

With respect to the research toward number, the fresh petitioner affirmed you to up on the girl ire Exchange Center working together because the children powering an entire income shopping shop and soon after together bought belongings regarding a single Hajji Badru Sande which had a home inside. The fresh new contract away from deals are adduced in evidence due to the fact EXHP1. She then reported that after they moved to Rukungiri, it purchased more items of belongings which includes, house regarding a-one John Kabareebe, (Exhibit P2), several other ordered by respondent away from John Kabareebe, (Exhibit P3) yet various other jointly bought from F. Mugondo in which they situated the fresh new matrimonial house(see Exhibit P4). She together with presented photographs of the home because the EXHP20 and you may receipts of some of the things that she purchased in our home as EXHP21 (a), (b) and you may (c). She additionally adduced EXHP5 because an agreement to possess property purchased by the respondent away from Mugume Polly about what he’s got a beneficial banana plantation, EXHP6 due to the fact house ordered together off W. Rushakama which also possess a great banana plantation and you may EXHP7 because the residential property ordered by the respondent regarding Nshijja .Grams where it cultivated nice potatoes.

The fresh petitioner along with testified the couple later moved to Kampala and you will during their stay along with her become coping in offering autos of whoever continues it bought a taxi which they in addition to ended up selling away from and later started powering a store. Then they purchased 6 bits of house two of that have property plus the people plantations. You to definitely EXHP10 was a contract to own home bought from the petitioner away from a-one Byangwanye Obed, yet , EXHP11 is for residential property ordered as you on the college students out-of this new later Levi Butumanya, EXHP12 due to the fact house bought as you of Kalumba Faisal which has domestic properties at the Nateete and you can EXHP13 due to the fact proof house from the Kiwatule jointly purchased from Kalyegira Adone and you may which includes home and you may domiciles.

The fresh petitioner then adduced proof of an agreement (EXHP14) wherein the brand new respondent handed over the shop within the Ntinda so you can her while having adduced proof invoices towards lease she purchased the shop because the EXHP15 (a) and (b). She testified that when the fresh respondent was released regarding jail, he broke a shop, piled much of merchandize inside it on to a truck and you will got them to Rwashamire in which he establish other shop, however, afterwards gone items to help you Rukungiri. She adduced proof of photo demonstrating the entry of one’s shop the fresh new Fuso truck upon which the goods was indeed packed with some of one’s residents seeing brand new do so since EXHP 16 (a), (b) and you may (c). She reported that event because the theft on Kiira street Police channel vide SD Ref./2010.

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