Whether or not the people has actually matrimonial assets while sure, perhaps the petitioner try entitled to a share throughout the matrimonial property?
A try was developed in order to determine the definition of ‘matrimonial property’ of the Ladies Fairness Esther Kisakye in the case of Rwabinumi Versus. Bahimbisomwe Civil Notice Zero. ten out of 2009 where she quoted which have approval the case out of Muwanga Vs.
The first parcel (EXHP8) which is found at Nyakihanga was ordered of the petitioner away from a single Bataringaya, EXHP9 ‘s the agreement to your most other lot which try a gift from just one Bakasharebwa and you will Kirabo to the respondent and you may currently has actually a good banana plantation
“matrimonial home is understood in different ways from the differing people. There is always property that your pair chose to label family. There may be property which can be received alone by per lover in advance of or after marriage. Then there’s property and that a spouse get hold in trust into the clan. The home that per spouse is called would be the fact assets hence people decided to label family and you can which they https://datingranking.net/college-dating/ jointly donate to”.
Each one of these would be to in my view qualify in another way
Depending on the evidence towards listing, this new petitioner affirmed you to through to her ire Exchange Center collaborating given that a family group powering a complete sale merchandising shop and later as one purchased belongings of a-one Hajji Badru Sande which in fact had a house inside. Brand new agreement regarding sale is actually adduced during the facts because EXHP1. She after that reported that once they relocated to Rukungiri, it ordered more items of home which include, home away from a-one John Kabareebe, (Exhibit P2), another bought of the respondent regarding John Kabareebe, (Exhibit P3) yet several other as one purchased regarding F. Mugondo in which they mainly based brand new matrimonial family(discover Exhibit P4). She in addition to shown images of the home as EXHP20 and receipts of some of the things that she purchased in our home because the EXHP21 (a), (b) and you can (c). She in addition adduced EXHP5 once the an agreement to have land ordered because of the respondent of Mugume Polly on which he has got good banana plantation, EXHP6 as property bought as you off W. Rushakama that also features a banana plantation and you can EXHP7 as the residential property ordered by the respondent regarding Nshijja .Grams in which they cultivated nice potatoes.
The fresh new petitioner and additionally testified the partners later relocated to Kampala and you can during their sit together with her come coping in the promoting autos out of whoever proceeds they bought a taxi cab that they as well as marketed regarding and soon after already been powering a shop. They then bought six items of belongings a couple of with house therefore the rest plantations. You to EXHP10 is actually a contract to own property ordered by the petitioner away from a one Byangwanye Obed, yet , EXHP11 is for house bought as you regarding youngsters away from new later Levi Butumanya, EXHP12 since house ordered jointly of Kalumba Faisal with residential site within Nateete and you may EXHP13 just like the evidence of belongings within Kiwatule as you bought off Kalyegira Adone and you may that has home and you may households.
Brand new petitioner further adduced evidence of a contract (EXHP14) by which the brand new respondent handed over a shop when you look at the Ntinda to this lady and have now adduced proof of invoices towards the lease she purchased a shop while the EXHP15 (a) and you may (b). She testified whenever the brand new respondent was released out-of prison, he bankrupt a shop, stacked the majority of merchandize inside on to a truck and you may took them to Rwashamire where he build some other store, but afterwards gone the products to help you Rukungiri. She adduced evidence of photo appearing the entry of your store the newest Fuso truck where the goods was full of some of your neighbors seeing the fresh new get it done due to the fact EXHP 16 (a), (b) and you will (c). She stated that incident since thieves during the Kiira street Cops channel vide SD Ref./2010.