Perhaps the people keeps matrimonial property while yes, whether the petitioner is actually eligible to a share from the matrimonial property?

An attempt was developed to establish the phrase ‘matrimonial property’ because of the Ladies Justice Esther Kisakye in the case of Rwabinumi Vs. Bahimbisomwe Civil Interest No. 10 out of 2009 where she cited which have acceptance the truth off Muwanga Versus.

The original parcel (EXHP8) which is found at Nyakihanga is actually purchased from the petitioner out of a one Bataringaya, EXHP9 ‘s the contract on the most other parcel hence is actually something special from Bakasharebwa and you can Kirabo into respondent and you may already features an effective banana plantation

“matrimonial home is know differently of the each person. Almost always there is property that partners chose to name house. There could be possessions which can be received separately of the for each and every mate before or shortly after relationship. Then there is assets and this a partner can get control trust towards the clan. The home that per companion will likely be entitled is that assets and therefore functions chose to telephone call domestic and you will that they jointly sign up for”.

All these is to in my experience be considered in different ways

With regards to the proof for the number, new petitioner testified you to through to the lady ire Trading Centre working together since the a family group powering an entire marketing retail shop and later jointly purchased homes regarding a-one Hajji Badru Sande which in fact had a property with it. This new contract out-of revenue is adduced into the facts while the EXHP1. She subsequent stated that when they relocated to Rukungiri, it ordered alot more items of land including, residential property regarding https://datingranking.net/asexual-dating/ a single John Kabareebe, (Exhibit P2), various other ordered because of the respondent regarding John Kabareebe, (Display P3) however various other as you bought regarding F. Mugondo in which it based the brand new matrimonial domestic(pick Display P4). She plus shown photos of the home as the EXHP20 and you can invoices of some of the items she available in the house once the EXHP21 (a), (b) and you will (c). She at the same time adduced EXHP5 given that an agreement getting belongings bought by the respondent away from Mugume Polly on what they have a banana plantation, EXHP6 once the residential property ordered as one off W. Rushakama which also possess an effective banana plantation and you can EXHP7 once the home purchased because of the respondent away from Nshijja .Grams in which they cultivated nice carrots.

The petitioner in addition to testified that couple later moved to Kampala and during their stay with her become coping in promoting cars out-of whose proceeds they ordered a taxi that they in addition to ended up selling out of and later become running a store. They then purchased 6 items of land a couple of with house and the rest ranches. One EXHP10 are a binding agreement getting land ordered by petitioner out of a single Byangwanye Obed, but really EXHP11 is for house bought jointly on people out-of brand new later Levi Butumanya, EXHP12 once the land ordered as one out-of Kalumba Faisal that has domestic premise on Nateete and EXHP13 as evidence of house at Kiwatule as one purchased away from Kalyegira Adone and that has residential property and households.

The fresh new petitioner next adduced proof a contract (EXHP14) where new respondent paid the store from inside the Ntinda to help you the woman and also have adduced proof receipts towards lease she purchased the shop given that EXHP15 (a) and you may (b). She affirmed that when new respondent was launched regarding prison, the guy bankrupt the shop, loaded most of merchandize on it on to a truck and you will took them to Rwashamire in which he create various other shop, but later gone the products so you’re able to Rukungiri. She adduced proof of photo exhibiting the new entrances of your store the latest Fuso truck upon which the goods have been packed with certain of the residents watching brand new take action as the EXHP 16 (a), (b) and (c). She reported that incident while the theft during the Kiira road Police channel vide SD Ref./2010.