Kintu (supra)where Bbosa J observed one to;

Kintu (supra)where Bbosa J observed one to;

Whether the activities enjoys matrimonial property whenever sure, whether or not the petitioner are entitled to a portion in the matrimonial assets?

The initial parcel (EXHP8) that’s located at Nyakihanga was purchased because of the petitioner off a-one Bataringaya, EXHP9 is the agreement on most other piece of land hence try a present from one Bakasharebwa and you will Kirabo towards the respondent and you will already provides a banana plantation

An attempt was developed in order to establish the word ‘matrimonial property’ by Lady Justice Esther Kisakye regarding Rwabinumi Against. Bahimbisomwe Municipal Interest No. ten off 2009 in which she cited that have recognition your situation of Muwanga Against.

“matrimonial home is realized differently by the different people. There’s always possessions which the partners chose to call home. There is certainly assets that can easily be received individually by the each partner just before or once relationship. Each of these will be i think meet the requirements differently. The property to which per partner are going to be titled is the fact assets and that functions decided to phone call household and you will which they jointly join”.

Then there is property and that a partner may control believe towards clan

With respect to the proof on listing, brand new petitioner testified that abreast of the lady ire Change Centre working together since a household powering an entire income retail store and soon after together purchased land away from a-one Hajji Badru Sande which in fact had a property in it. The latest arrangement away from deals are adduced for the evidence given that EXHP1. She then stated that after they moved to Rukungiri, it ordered much more items of belongings including, belongings off a single John Kabareebe, (Display P2), another purchased because of the respondent out of John Kabareebe, (Exhibit P3) however other together purchased of F. Mugondo in which they situated this new matrimonial household(discover Exhibit P4). She also shown pictures of the property as EXHP20 and receipts of a few of the items she purchased in the house because the EXHP21 (a), (b) and you will (c). She as well adduced EXHP5 once the a binding agreement getting property bought from the respondent off Mugume Polly about what he’s got an excellent banana plantation, EXHP6 once the home bought as one away from W. Rushakama that can have an effective banana plantation and EXHP7 due to the fact belongings ordered by the respondent off Nshijja .Grams in which they developed sweet potatoes.

The latest petitioner in addition to testified that the couple later relocated to Kampala and you may during their remain with her already been dealing from inside the selling vehicles from whose proceeds it ordered a taxi which they also sold off and soon after already been powering a shop. Then they bought 6 pieces of land a couple of that have house and also the others ranches. That EXHP10 try a contract to possess residential property purchased because of the petitioner off a single Byangwanye Obed, yet EXHP11 is actually for land ordered as you regarding the college students from brand new late Levi Butumanya, EXHP12 as homes ordered as one out of Kalumba Faisal which has residential premise at the Nateete and you may EXHP13 as the evidence of residential property within Kiwatule as you ordered of Kalyegira Adone and that has belongings and you can properties.

The latest petitioner next adduced proof an agreement (EXHP14) where the brand new respondent paid the shop inside the Ntinda so you can this lady and have now adduced evidence of receipts toward lease she paid for the store as the EXHP15 (a) and you may (b). She testified that when the newest respondent premiered out of prison, the guy bankrupt a shop, piled most of merchandize with it on to a trailer and you can grabbed them to Rwashamire where the guy build several other shop, however, later gone the goods to Rukungiri. She adduced evidence of pictures proving this new entrance of one’s store the new Fuso truck where items was basically packed with certain of your own residents enjoying the newest do it due to the fact EXHP 16 (a), (b) and (c). She stated that experience given that theft in the Kiira roadway Police station vide SD Ref./2010.

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