Kintu (supra)where Bbosa J observed you to;

If the functions possess matrimonial possessions just in case yes, if the petitioner was entitled to a percentage about matrimonial property?

A-try is made so you’re able to explain the phrase ‘matrimonial property’ by Women Justice Esther Kisakye when it comes to Rwabinumi Versus. Bahimbisomwe Municipal Appeal No. ten out of 2009 where she cited which have recognition your situation of Muwanga Vs.

She adduced proof of photos showing the new entrances of one’s store brand new Fuso truck upon which items have been packed with some of the neighbors viewing brand new do so since the EXHP 16 (a), (b) and you can (c)

“matrimonial house is knew in another way of the different people. There’s always assets which the pair decided to call family. There could be possessions which are acquired by themselves by each mate prior to otherwise shortly after relationship. Then there is assets and this a partner may control believe for the clan. Each of these is to in my opinion meet the requirements in a different way. The house or property to which for each lover should be entitled is that property and that parties chose to telephone call domestic and you can which they as you donate to”.

Depending on the facts on the list, new petitioner affirmed one abreast of their ire Change Heart working together because the a family group running an entire product sales shopping store and soon after jointly ordered land out of a one Hajji Badru Sande which in fact had a home on it. Brand new agreement out-of revenue are adduced inside research since EXHP1. She subsequent reported that after they gone to live in Rukungiri, it purchased alot more pieces of property including, property away from a-one John Kabareebe, (Showcase P2), other ordered by respondent of John Kabareebe, (Exhibit P3) however various other as one bought out-of F. Mugondo in which they established the brand new matrimonial home(discover Showcase P4). She and additionally presented pictures of the house while the EXHP20 and receipts of some of the things that she purchased in our home because the EXHP21 (a), (b) and you may (c). She at exactly the same time adduced EXHP5 given that a contract having home bought by respondent away from Mugume Polly on which he has an effective banana plantation, EXHP6 as the property ordered together off W. Rushakama that also enjoys an effective banana plantation and EXHP7 since the belongings purchased from the respondent regarding Nshijja .G where they cultivated nice potatoes.

The original piece of land (EXHP8) that’s found at Nyakihanga was purchased by petitioner regarding a single Bataringaya, EXHP9 ‘s the contract into the almost every other parcel which is a present from Bakasharebwa and Kirabo to your respondent and currently features a banana plantation

New petitioner along with affirmed that the couple afterwards moved to Kampala and you will in their remain along with her been dealing inside attempting to sell cars away from whoever proceeds it purchased a taxi cab that they and additionally offered away from and soon after already been powering a shop. Then they purchased six items of belongings https://datingranking.net/cs/adultspace-recenze/ a couple of having property additionally the other individuals plantations. One to EXHP10 are a contract to have home ordered because of the petitioner off a single Byangwanye Obed, yet , EXHP11 is for home bought as one about pupils out-of the latest later Levi Butumanya, EXHP12 as the land ordered together out of Kalumba Faisal which includes domestic premises at the Nateete and you can EXHP13 because proof property from the Kiwatule as one bought out of Kalyegira Adone and you may with property and you can households.

The latest petitioner then adduced proof of an agreement (EXHP14) in which the respondent paid the store inside the Ntinda so you’re able to her and just have adduced proof invoices into the rent she paid for the store as the EXHP15 (a) and you can (b). She testified that whenever the newest respondent was released out-of jail, the guy bankrupt a shop, loaded much of merchandize inside to a truck and you will got them to Rwashamire in which the guy setup another shop, but afterwards gone the goods to help you Rukungiri. She reported that event because the theft at Kiira road Police channel vide SD Ref./2010.