Whether the people features matrimonial assets incase sure, whether the petitioner was eligible to a percentage in the matrimonial property?
An attempt was made to identify the word ‘matrimonial property’ from the Girls Fairness Esther Kisakye when it comes to Rwabinumi Against. Bahimbisomwe Municipal Attract No. ten of 2009 where she quoted with acceptance the fact from Muwanga Versus.
She adduced evidence of pictures appearing the new entry of your shop the fresh new Fuso vehicle upon which the products had been full of some of your locals seeing the fresh do so while the EXHP 16 (a), (b) and you can (c)
“matrimonial home is understood differently because of the different people. Often there is property that couple made a decision to name family. There could be possessions that is certainly obtained independently because of the for every partner before otherwise after matrimony. Then there’s property which a spouse may control faith towards the clan. Each of these will be in my view meet the requirements differently. The house or property that for each lover is titled would be the fact property and that people decided to name home and you can which they as one contribute to”.
According to the facts towards record, this new petitioner affirmed you to definitely up on the lady ire Change Centre collaborating while the a family running a whole selling retail store and later as one purchased house from a single Hajji Badru Sande which had a home in it. The arrangement off sale was adduced within the research since the EXHP1. She next reported that once they moved to Rukungiri, they bought alot more items of land which includes, residential property from a single John Kabareebe, (Display P2), another ordered of the respondent out-of John Kabareebe, (Exhibit P3) and yet some other as you ordered from F. Mugondo in which it centered this new matrimonial house(select Display P4). She as well as shown images of the property as the EXHP20 and receipts of a few of the things that she available in the house because EXHP21 (a), (b) and you will (c). She in addition adduced EXHP5 as the a binding agreement to possess belongings purchased by the respondent out-of Mugume Polly on what they have a good banana plantation, EXHP6 as property ordered as you of W. Rushakama that can has a good banana plantation and EXHP7 since residential property bought by respondent of Nshijja .G where they expanded sweet potatoes.
The initial lot (EXHP8) which is found at Nyakihanga are purchased of the petitioner of a one Bataringaya, EXHP9 is the arrangement toward other parcel which is a present from 1 Bakasharebwa and you can Kirabo on respondent and currently enjoys a good banana plantation
The latest petitioner and affirmed your couple later on transferred to Kampala and you may in their remain along with her started coping during the attempting to sell trucks of whoever continues it bought a taxi which they along with sold out of and soon after started powering a store. They then bought 6 items of belongings two of with houses and other individuals plantations. You to EXHP10 was a binding agreement having homes bought because of the petitioner out of a one Byangwanye Obed, yet EXHP11 is for homes purchased as one regarding the youngsters regarding this new later Levi Butumanya, EXHP12 as residential property ordered as you from Kalumba Faisal which includes home-based premise in the Nateete and you will EXHP13 because evidence of belongings at the Kiwatule jointly bought from Kalyegira Adone and you will that has house and you will households.
The latest petitioner next adduced proof of a contract (EXHP14) in which new respondent paid a shop for the Ntinda in order to the girl while having adduced proof of receipts into lease she covered a shop since the EXHP15 (a) and you can (b). She affirmed that whenever new respondent was released out-of prison, dating4disabled the guy bankrupt the store, piled a lot of merchandize in it onto a trailer and you will took them to Rwashamire where the guy created some other store, but afterwards gone the products so you’re able to Rukungiri. She stated that incident due to the fact thieves at Kiira path Cops route vide SD Ref./2010.