Kintu (supra)in which Bbosa J noticed one to;

Kintu (supra)in which Bbosa J noticed one to;

Whether or not the activities features matrimonial property assuming sure, whether or not the petitioner try permitted a portion from the matrimonial assets?

A-try was developed to help you define the term ‘matrimonial property’ by Female Fairness Esther Kisakye regarding Rwabinumi Vs. Bahimbisomwe Civil Notice No. 10 regarding 2009 where she quoted with acceptance the fact out-of Muwanga Compared to.

She adduced proof photo demonstrating the fresh access of shop the fresh Fuso truck upon which items was basically laden up with certain of locals watching the latest exercise since EXHP sixteen (a), (b) and you can (c)

“matrimonial property is realized differently of the each person. There’s always assets which the couple made a decision to call home. There could be property that is certainly received independently of the each partner before or immediately following relationships. Then there’s possessions which a spouse could possibly get control believe towards clan. All these should in my opinion qualify differently. The house or property to which for each and every spouse will be named would be the fact property and this people decided to name family and you may that they together contribute to”.

According to the research into the number, the new petitioner testified you to through to the woman ire Change Center working together as the children running an entire deals retail shop and later jointly ordered property out-of a single Hajji Badru Sande which had a house in it. Brand new agreement from deals was adduced during the evidence while the EXHP1. She after that stated that when they relocated to Rukungiri, it purchased a great deal more bits of land which include, home of a-one John Kabareebe, (Exhibit P2), various other ordered because of the respondent from John Kabareebe, (Showcase P3) but several other as you ordered off F. Mugondo in which it situated the fresh matrimonial household(see Exhibit P4). She plus presented pictures of the property because the EXHP20 and you may invoices of a few of the things that she available in our home while the EXHP21 (a), (b) and you may (c). She at the same time adduced EXHP5 just like the a contract getting homes bought from the respondent off Mugume Polly on which they have a banana plantation, EXHP6 while the homes bought as one from W. Rushakama which also provides an excellent banana plantation and you will EXHP7 once the land purchased from the respondent from Nshijja .Grams in which they grown nice carrots.

The initial piece of land (EXHP8) that is found at Nyakihanga was bought by petitioner regarding a one Bataringaya, EXHP9 is the agreement on the most other lot and this try a present from Bakasharebwa and Kirabo for the respondent and you may already keeps good banana plantation

The brand new petitioner along with affirmed your couple later on relocated to Kampala and you may throughout their stand with her come coping inside the promoting vehicles from whose proceeds it bought a cab which they including marketed out of and later been powering a store. They then purchased 6 items of house a couple of that have domiciles therefore the other individuals ranches. One to EXHP10 are a contract having homes purchased because of the petitioner from a-one Byangwanye Obed, yet , EXHP11 is for land purchased jointly regarding children out-of the new late Levi Butumanya, EXHP12 while the residential property purchased together out-of Kalumba Faisal with home-based premises within Nateete and you may EXHP13 because the proof of homes in the Kiwatule together ordered regarding Kalyegira Adone and you will which includes property and you may property.

Brand new petitioner subsequent adduced proof a binding agreement (EXHP14) whereby the new respondent handed over a shop from inside the Ntinda to the lady while having adduced proof receipts on rent she paid for the store because the EXHP15 (a) and you will (b). She affirmed that whenever the latest respondent was launched of prison, the guy bankrupt a shop, piled the majority of merchandize in it onto a truck and took these to Rwashamire where he setup several other shop, but after moved the goods to help you Rukungiri. She stated that event as theft on Kiira roadway Cops channel vide SD Ref./2010.

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