Kintu (supra)in which Bbosa J observed that;
Written by ABC AUDIO on November 11, 2022
If the parties provides matrimonial assets and in case sure, perhaps the petitioner is eligible to a share regarding matrimonial possessions?
A go was made to help you explain the expression ‘matrimonial property’ because of the Females Fairness Esther Kisakye regarding Rwabinumi Against. Bahimbisomwe Civil Attention No. 10 regarding 2009 in which she cited that have acceptance the scenario of Muwanga Compared to.
The original parcel (EXHP8) that’s located at Nyakihanga is bought of the petitioner from a-one Bataringaya, EXHP9 is the contract to your almost every other lot and this try something special from one Bakasharebwa and you may Kirabo to the respondent and you may currently has actually a beneficial banana plantation
“matrimonial property is realized differently by the different people. Almost always there is property that few decided to phone call household. There is property which may be acquired by themselves by the for each mate before otherwise immediately after relationship. Then there is property and that a husband can get hold in believe with the clan. The home to which for each and every mate can be entitled is the fact possessions hence parties made a decision to name house and you will that they together donate to”.
Every one of these would be to i think meet the requirements in a different way
According to the evidence for the number, the brand new petitioner affirmed one abreast of the woman ire Trading Middle working together as a family group running an entire profit retail store and later together ordered property regarding a one Hajji Badru Sande which in fact had a property involved. The fresh new agreement from product sales is adduced within the proof because EXHP1. She then reported that once they gone to live in Rukungiri, it purchased way more items of residential property which include, land from a-one John Kabareebe, (Showcase P2), several other bought because of the respondent from John Kabareebe, (Display P3) yet some other as you purchased of F. Mugondo where it mainly based the fresh new matrimonial house(discover Exhibit P4). She together with shown photographs of the home given that EXHP20 and you may invoices of a few of the things that she purchased in our house just like the EXHP21 (a), (b) and you can (c). She likewise adduced EXHP5 since the a binding agreement for belongings ordered by the respondent regarding Mugume Polly on which he’s got an excellent banana plantation, EXHP6 because the land ordered as one regarding W. Rushakama that can provides a great banana plantation and EXHP7 while the belongings bought because of the respondent from Nshijja .G where it cultivated sweet potatoes.
The petitioner together with testified that partners later on transferred to Kampala and you can throughout their stand together come dealing in the attempting to sell trucks off whoever continues they purchased a taxi which they also marketed away from and later come powering a shop. Then they bought 6 pieces of house a couple of with properties and other people ranches. That EXHP10 are a binding agreement for home ordered because of the petitioner away from a one Byangwanye Obed, yet EXHP11 is actually for house bought jointly throughout the pupils from the new late Levi Butumanya, EXHP12 as the land ordered as you off Kalumba Faisal which has home-based site during the Nateete and you can EXHP13 since the proof of belongings in the Kiwatule together purchased from Kalyegira Adone and you will which includes home and you can houses.
This new petitioner further adduced evidence of a binding agreement (EXHP14) by which the fresh new respondent handed over a shop inside the Ntinda to help you the girl and have adduced proof of receipts on lease she paid for a shop as EXHP15 (a) and you may (b). She affirmed that when the respondent was released off jail, he broke the shop, stacked a lot of merchandize with it on to a truck and you can took these to Rwashamire in which the guy establish some other shop, but after gone the goods so you can Rukungiri. She adduced evidence of photographs exhibiting the newest entrances of your own store the fresh new Fuso truck upon which the goods had been loaded with particular of locals watching brand new exercise given that EXHP 16 (a), (b) and you can (c). She stated that event while the theft during the Kiira Cuckold sex dating site highway Police channel vide SD Ref./2010.