If the parties features matrimonial property and if yes, whether asiandate uЕѕivatelskГ© jmГ©no the petitioner is actually entitled to a portion throughout the matrimonial assets?
The original lot (EXHP8) that is found at Nyakihanga try bought because of the petitioner regarding a-one Bataringaya, EXHP9 ‘s the agreement towards other lot and therefore are a gift from a single Bakasharebwa and you may Kirabo towards the respondent and already enjoys a good banana plantation
A go was made so you can define the word ‘matrimonial property’ of the People Justice Esther Kisakye in the case of Rwabinumi Versus. Bahimbisomwe Municipal Appeal Zero. ten out-of 2009 in which she quoted having recognition the way it is out-of Muwanga Against.
“matrimonial house is knew in different ways from the different people. There is always possessions that pair made a decision to name family. There is certainly assets that can be gotten separately by the for every lover before or immediately after marriage. Every one of these should if you ask me be considered in a different way. The property to which for each partner should be called would be the fact property hence functions made a decision to name family and that they as one sign up to”.
Then there is possessions hence a husband will get control trust to the clan
With regards to the research to the listing, the latest petitioner affirmed one to upon the girl ire Exchange Heart collaborating while the children running a complete purchases shopping store and later together bought house away from a one Hajji Badru Sande which had a house with it. Brand new agreement out-of selling was adduced within the proof because EXHP1. She further reported that once they moved to Rukungiri, it purchased significantly more items of property which include, belongings away from a-one John Kabareebe, (Showcase P2), another purchased from the respondent out-of John Kabareebe, (Display P3) yet other together ordered out of F. Mugondo where they mainly based the brand new matrimonial household(see Display P4). She as well as demonstrated photographs of the home given that EXHP20 and you will receipts of some of the items she sold in the house since the EXHP21 (a), (b) and you can (c). She concurrently adduced EXHP5 just like the a binding agreement getting property purchased by respondent out of Mugume Polly on which they have a beneficial banana plantation, EXHP6 while the land ordered together out-of W. Rushakama which also possess a banana plantation and you may EXHP7 since belongings bought from the respondent out-of Nshijja .Grams where it grown nice carrots.
This new petitioner along with testified your few after moved to Kampala and you can in their remain together with her become dealing during the attempting to sell trucks out of whoever continues it ordered a taxi that they including sold out of and later come powering a shop. Then they ordered 6 pieces of home a couple of with house plus the others ranches. One to EXHP10 are a binding agreement for land bought by the petitioner out of a single Byangwanye Obed, but really EXHP11 is for property purchased as one from the people away from new late Levi Butumanya, EXHP12 because belongings purchased together out-of Kalumba Faisal which has home-based premise at the Nateete and EXHP13 since the evidence of home within Kiwatule as you bought of Kalyegira Adone and with belongings and you can properties.
New petitioner further adduced proof an agreement (EXHP14) which the latest respondent paid the store inside Ntinda to this lady and just have adduced proof invoices on rent she paid for a shop since the EXHP15 (a) and you will (b). She affirmed that when the newest respondent premiered out of jail, he bankrupt a shop, loaded the majority of merchandize involved on to a trailer and you will grabbed these to Rwashamire in which he arranged various other store, but later gone the products so you can Rukungiri. She adduced proof photo appearing new access of shop the fresh Fuso vehicle where the goods was full of particular of the locals seeing the fresh get it done as EXHP sixteen (a), (b) and you can (c). She reported that experience since thieves during the Kiira highway Police route vide SD Ref./2010.