Kintu (supra)in which Bbosa J seen one;

Kintu (supra)in which Bbosa J seen one;

Whether or not the events features matrimonial property and in case sure, whether or not the petitioner is actually eligible to a share from the matrimonial assets?

The first parcel (EXHP8) that’s found at Nyakihanga was bought because of the petitioner off a one Bataringaya, EXHP9 is the arrangement towards almost every other lot and this is a gift from just one Bakasharebwa and Kirabo to your respondent and you can currently has actually a banana plantation

A try was created in order to determine the definition of ‘matrimonial property’ from the People Justice Esther Kisakye when it comes to Rwabinumi Versus. Bahimbisomwe Civil Attention Zero. 10 of 2009 where she quoted having approval the scenario out-of Muwanga Against.

“matrimonial property is realized in a different way from the different people. Often there is assets that pair decided to name domestic. There could be possessions which may be received independently from the each partner in advance of otherwise just after matrimony. All these is always to for me be considered in another way. The home to which for each companion shall be called is the fact possessions hence events chose to name house and which they together subscribe to”.

Then there is possessions hence a spouse get hold in believe toward clan

According to proof towards the list, the newest petitioner affirmed you to definitely abreast of her ire Trading Center collaborating since the a household powering a complete sale retail shop and later jointly ordered house away from a single Hajji Badru Sande which had a home inside. The arrangement off purchases is actually adduced into the facts once the EXHP1. She subsequent stated that once they relocated to Rukungiri, it ordered a whole lot more pieces of residential property including, land out-of a single John Kabareebe, (Exhibit P2), another purchased because of the respondent of John Kabareebe, (Showcase P3) however several other together purchased out of F. Mugondo in which they centered this new matrimonial family(see Showcase P4). She plus presented photographs of the house since the EXHP20 and you may receipts of a few of the items she bought in our home because EXHP21 (a), (b) and you can (c). She in addition adduced EXHP5 because the a contract getting property ordered by respondent off Mugume Polly about what they have a good banana plantation, EXHP6 as belongings purchased as one from W. Rushakama which also has an effective banana plantation and you will EXHP7 since the property ordered of the respondent away from Nshijja .G in which it expanded sweet potatoes.

The fresh new petitioner along with testified that few after gone to live in Kampala and you may in their remain together with her come dealing inside attempting to sell cars out of whoever continues they purchased a cab that they also offered out-of and later become powering a store. Then they purchased 6 bits of homes two of that have homes therefore the people plantations. One to EXHP10 was a binding agreement getting belongings ordered from the petitioner of a-one Byangwanye Obed, yet EXHP11 is for home purchased jointly on pupils away from the brand new later Levi Butumanya, EXHP12 given that residential property purchased as you out of Kalumba Faisal which has home-based site within Nateete and you will EXHP13 as the proof of home during the Kiwatule as you ordered regarding Kalyegira Adone and you can which has belongings and you may house.

Brand new petitioner next adduced proof an agreement (EXHP14) in which this new respondent paid a shop within the Ntinda in order to this lady and have adduced proof receipts towards the lease she covered a shop since EXHP15 (a) and (b). She affirmed that when brand new respondent was launched regarding prison, he broke a shop, stacked much of merchandize on it to a trailer and got them to Rwashamire in which the guy put up various other shop, however, later on went the goods so you’re able to Rukungiri. She adduced proof photos appearing the latest entry of your own shop the Fuso vehicle upon which the goods was in fact packed with particular of neighbors enjoying the fresh new do so because the EXHP sixteen (a), (b) and you may (c). She reported that incident as the thieves during the Kiira road Police station vide SD Ref./2010.

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