Kintu (supra)where Bbosa J noticed you to definitely;
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Whether the events provides matrimonial possessions and in case yes, if the petitioner was eligible to a share regarding matrimonial property?
An attempt was created in order to describe the word ‘matrimonial property’ by the Lady Fairness Esther Kisakye regarding Rwabinumi Against. Bahimbisomwe Municipal Appeal Zero. 10 out-of 2009 where she quoted with acceptance the way it is regarding Muwanga Versus.
She adduced proof of photos exhibiting the entrances of your own store brand new Fuso truck upon which the products was full of specific of one’s locals watching the fresh do so since the EXHP sixteen (a), (b) and you will (c)
“matrimonial property is understood differently from the differing people. There’s always possessions that the partners decided to name home. There can be property which are often acquired independently of the for every single companion ahead of otherwise after wedding. Then there is property and therefore a husband get control faith towards clan. Each of these should for me meet the requirements in different ways. The home to which for every single partner would be called is the fact possessions hence events made a decision to call home and you can that they together sign up to”.
With regards to the evidence into the checklist, the new petitioner testified one to through to this lady ire Exchange Heart collaborating since the a family powering an entire deals merchandising shop and soon after as you bought home regarding a-one Hajji Badru Sande which had property on it. The new agreement of girlsdateforfree income was adduced in evidence because the EXHP1. She next reported that once they moved to Rukungiri, it purchased much more pieces of house including, homes away from a single John Kabareebe, (Display P2), various other purchased because of the respondent off John Kabareebe, (Showcase P3) however various other together bought off F. Mugondo where they situated this new matrimonial house(discover Showcase P4). She plus showed photos of the house given that EXHP20 and you can invoices of some of the items she available in our house since the EXHP21 (a), (b) and you can (c). She additionally adduced EXHP5 due to the fact an agreement to possess house bought because of the respondent from Mugume Polly on which he’s got an excellent banana plantation, EXHP6 since property bought jointly off W. Rushakama which also features a banana plantation and you will EXHP7 because property ordered because of the respondent out of Nshijja .Grams where they grown sweet carrots.
The initial piece of land (EXHP8) which is found at Nyakihanga are ordered by the petitioner from a-one Bataringaya, EXHP9 is the agreement to the other lot hence are a present from just one Bakasharebwa and you can Kirabo to the respondent and you will currently has actually an effective banana plantation
This new petitioner along with testified the few later on transferred to Kampala and you can throughout their stay together been coping when you look at the selling automobiles off whose continues they ordered a taxi that they plus sold from and later come running a shop. Then they bought 6 pieces of belongings two of that have home therefore the other people plantations. That EXHP10 are a contract getting land ordered because of the petitioner of a single Byangwanye Obed, yet EXHP11 is for residential property ordered as you regarding pupils of the newest late Levi Butumanya, EXHP12 since the land ordered as one out-of Kalumba Faisal which includes residential premises within Nateete and EXHP13 because proof homes from the Kiwatule together purchased away from Kalyegira Adone and with home and property.
The latest petitioner subsequent adduced proof a contract (EXHP14) in which the brand new respondent paid the shop when you look at the Ntinda to help you the woman and possess adduced proof of receipts with the lease she paid for the store once the EXHP15 (a) and you can (b). She affirmed that whenever the newest respondent was launched off prison, the guy broke the store, piled the majority of merchandize with it on to a truck and you will took these to Rwashamire in which the guy developed other store, but after went the goods to Rukungiri. She reported that experience once the thieves during the Kiira street Police channel vide SD Ref./2010.