Kintu (supra)in which Bbosa J observed that;

Whether or not the people have matrimonial property of course, if yes, whether the petitioner was permitted a portion on matrimonial property?

A try was made to determine the expression ‘matrimonial property’ by the People Fairness Esther Kisakye when it comes to Rwabinumi Compared to. Bahimbisomwe Civil Interest Zero. 10 out-of 2009 in which she quoted with acceptance the actual situation of Muwanga Against.

She adduced proof images proving this new entry of store the brand new Fuso vehicle upon which the products was indeed laden with particular of one’s neighbors seeing the fresh new do it as the EXHP 16 (a), (b) and you will (c)

“matrimonial house is realized in different ways because of the differing people. There is always property that the pair made a decision to telephone call family. There may be property which are gotten separately by the for each and every companion ahead of otherwise once relationships. Then there’s property and this a spouse may control believe into the clan. Each one of these is always to i think be considered differently. The property to which for every companion might be titled would be the fact assets and this activities made a decision to label family and which they together join”.

According to the facts toward checklist, the newest petitioner affirmed one up on the girl ire Change Centre collaborating as children powering an entire selling merchandising shop and later jointly purchased homes regarding a-one Hajji Badru Sande which in fact had a property with it. New arrangement out-of deals was adduced when you look at the research just like the EXHP1. She further reported that when they gone to live in Rukungiri, it purchased significantly more items of homes which include, land out-of a single John Kabareebe, (Display P2), some other purchased because of the respondent of John Kabareebe, (Display P3) and yet several other as one bought regarding F. Mugondo where they established the matrimonial family(come across Display P4). She including displayed photographs of the house given that EXHP20 and you will receipts of some of the things that she bought in the house because the EXHP21 (a), (b) and you can (c). She likewise adduced EXHP5 as a contract for house purchased from the respondent away from Mugume Polly on what they have an effective banana plantation, EXHP6 once the house ordered jointly of W. Rushakama that also has an excellent banana plantation and you will EXHP7 because the property bought by the respondent out of Nshijja .G in which they developed sweet carrots.

The original lot (EXHP8) which is found at Nyakihanga are bought by the petitioner away from a-one Bataringaya, EXHP9 is the agreement into the other parcel which is actually a gift from Bakasharebwa and you can Kirabo to your respondent and you may currently keeps a beneficial banana plantation

The petitioner including testified that the couple afterwards transferred to Kampala and you may during their stand along with her been dealing inside the promoting trucks out of whoever continues they bought a cab that they together with marketed out of and soon after already been running a store. They then purchased 6 items of property a couple of with domiciles as well as the other people plantations. One to EXHP10 is actually a contract having home purchased by the petitioner from a single Byangwanye Obed, but really EXHP11 is actually for property ordered jointly in the students off the fresh new late Levi Butumanya, EXHP12 once the home ordered as one out of Kalumba Faisal which has residential properties in the Nateete and you will EXHP13 since the proof of home in the Kiwatule as you purchased away from Kalyegira Adone and you will with home and you may property.

The brand new petitioner next adduced evidence of a contract (EXHP14) whereby brand new respondent paid a shop from inside the Ntinda so you’re able to the girl and now have adduced evidence of invoices towards rent she paid for the shop since the EXHP15 (a) and you may (b). She affirmed whenever the new respondent was released off prison, the guy broke a shop, loaded the majority of merchandize in it onto a trailer and you can grabbed these to Rwashamire in which the guy set up several other store, but later on moved the goods so you’re able to Rukungiri. She stated that experience since the theft at the Kiira road Police station vide SD Ref./2010.

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