Kintu (supra)where Bbosa J observed you to definitely;

Kintu (supra)where Bbosa J observed you to definitely;

Perhaps the parties have matrimonial assets and when sure, if the petitioner are permitted a portion on matrimonial possessions?

A-try was made to define the term ‘matrimonial property’ by the Females Justice Esther Kisakye in the example of Rwabinumi Versus. Bahimbisomwe Civil Notice Zero. ten from 2009 where she quoted that have approval the way it is regarding Muwanga Versus.

The initial piece of land (EXHP8) which is found at Nyakihanga is bought by the petitioner regarding a one Bataringaya, EXHP9 is the agreement toward almost every other parcel hence was a present from one Bakasharebwa and Kirabo towards respondent and you may currently possess a banana plantation

“matrimonial home is knew in a different way by the differing people. Often there is assets that the couple chose to call household. There might be property which are often acquired individually by the for every mate ahead of or immediately after relationship. Then there is assets and this a husband will get hold in believe into clan. The house to which for every partner is going to be named is that property and therefore functions chose to call home and that they as one subscribe to”.

All these would be to if you ask me meet the requirements differently

According to the proof toward checklist, brand new petitioner testified that upon her ire Trading Hub collaborating since a family powering a complete business merchandising shop and soon after as one ordered home out of a single Hajji Badru Sande which had a property involved. The brand new contract out-of sale is actually adduced for the facts just like the EXHP1. She subsequent stated that when they gone to live in Rukungiri, they bought way more bits of belongings which includes, home off a-one John Kabareebe, (Showcase P2), several other bought of the respondent regarding John Kabareebe, (Exhibit P3) however several other together purchased of F. Mugondo in which it oriented the brand new matrimonial domestic(look for Showcase P4). She also demonstrated photographs of the house just like the EXHP20 and you will receipts of a few of the things that she purchased in the house once the EXHP21 (a), (b) and you will (c). She at exactly the same time adduced EXHP5 once the a binding agreement getting property ordered because of the respondent of Mugume Polly on which datingranking.net local hookup Victoria Canada they have a beneficial banana plantation, EXHP6 as belongings purchased together out of W. Rushakama which also have an effective banana plantation and you will EXHP7 once the home ordered because of the respondent of Nshijja .G where it developed nice potatoes.

The brand new petitioner including testified that few afterwards relocated to Kampala and you can in their stay along with her become dealing for the selling automobiles out of whoever proceeds it bought a taxi that they in addition to marketed regarding and soon after become running a store. Then they bought six bits of land a couple of that have home and also the people plantations. You to definitely EXHP10 was a binding agreement for residential property purchased by petitioner of a single Byangwanye Obed, but really EXHP11 is actually for house ordered as you in the students off the new later Levi Butumanya, EXHP12 as the home ordered jointly off Kalumba Faisal with home-based site within Nateete and you can EXHP13 because proof of house at Kiwatule as you purchased out of Kalyegira Adone and you may which has homes and you will home.

The petitioner then adduced evidence of a contract (EXHP14) by which this new respondent handed over the shop from inside the Ntinda to help you this lady and possess adduced evidence of invoices on the rent she taken care of the shop since EXHP15 (a) and you can (b). She affirmed that whenever the brand new respondent premiered away from prison, the guy broke the store, piled most of merchandize inside onto a trailer and you may grabbed them to Rwashamire in which he arranged another store, however, after moved the goods so you can Rukungiri. She adduced evidence of photographs proving the fresh access of your store brand new Fuso truck upon which the products was basically full of specific of one’s residents viewing brand new get it done once the EXHP 16 (a), (b) and you can (c). She reported that event as theft at Kiira highway Police route vide SD Ref./2010.

Comments are closed.