Whether the activities provides matrimonial possessions and if yes, whether the petitioner try permitted a share on matrimonial assets?
An attempt was created in order to determine the definition of ‘matrimonial property’ from the Girls Fairness Esther Kisakye in the case of Rwabinumi Against. Bahimbisomwe Municipal Desire Zero. ten out-of 2009 in which she quoted with approval the fact out-of Muwanga Versus.
She adduced proof photo indicating the newest entry of the shop the fresh new Fuso truck where the goods was full of certain of your own locals watching the latest take action because the EXHP sixteen (a), (b) and you can (c)
“matrimonial house is know differently by the differing people. There’s always assets which the pair decided to phone call family. There may be possessions that may be gotten individually of the for each mate in advance of or after wedding. Then there is property and that a husband could possibly get control believe toward clan. All these will be in my view be considered differently. The home that per spouse is called would be the fact assets which activities made a decision to label domestic and you will that they as one subscribe”.
With respect to the research toward number, the latest petitioner affirmed you to upon this lady ire Change Center collaborating as the children powering an entire sales shopping shop and later as you ordered land from a single Hajji Badru Sande which had property inside. This new contract away from product sales are adduced within the proof as the EXHP1. She next stated that when they moved to Rukungiri, they purchased far more items of house including, belongings from a-one John Kabareebe, (Showcase P2), various other purchased from the respondent off John Kabareebe, (Exhibit P3) and yet several other together ordered from F. Mugondo where they dependent brand new matrimonial household(find Exhibit P4). She and additionally exhibited photo of the house since the EXHP20 and invoices of some of the items she available in the house due to the fact EXHP21 (a), (b) and you may (c). She simultaneously adduced EXHP5 due to the fact a binding agreement to possess residential property bought by respondent from Mugume Polly on which he has a good banana plantation, EXHP6 since homes purchased jointly out-of W. Rushakama that also has an effective banana plantation and you will EXHP7 once the belongings bought by respondent off Nshijja .G in which they developed nice potatoes.
The original lot (EXHP8) that is located at Nyakihanga try bought by petitioner out of a one Bataringaya, EXHP9 ‘s the arrangement towards most other lot hence are a gift from 1 Bakasharebwa and you can Kirabo into respondent and already provides an effective banana plantation
The petitioner also affirmed that few later moved to Kampala and you may throughout their stand with her become coping for the promoting trucks of whose continues it purchased a taxi cab which they and additionally marketed regarding and later started running a shop. They then bought six bits of belongings a couple of having homes while the others plantations. You to EXHP10 is a contract getting house purchased by petitioner off a one Byangwanye Obed, but really EXHP11 is actually for house bought as you on the pupils out of the new later Levi Butumanya, EXHP12 as home bought as one regarding Kalumba Faisal which has home-based properties from the Nateete and you may EXHP13 as the evidence of house during the kupГіny clover Kiwatule jointly purchased regarding Kalyegira Adone and you can which has belongings and you will property.
The new petitioner then adduced proof of an agreement (EXHP14) whereby brand new respondent handed over the store within the Ntinda so you’re able to her and have now adduced evidence of invoices for the book she covered a shop once the EXHP15 (a) and you may (b). She testified whenever the new respondent premiered away from jail, he bankrupt the shop, stacked much of merchandize on it onto a trailer and you will took them to Rwashamire where the guy developed various other store, but later moved items so you can Rukungiri. She reported that incident once the thieves from the Kiira path Police channel vide SD Ref./2010.