Whether the events possess matrimonial possessions and in case sure, whether the petitioner is actually eligible to a percentage on the matrimonial possessions?
The initial piece of land (EXHP8) which is found at Nyakihanga is bought from the petitioner out of a one Bataringaya, EXHP9 ‘s the contract with the other parcel and that was something special from Bakasharebwa and you may Kirabo to the respondent and you may currently has actually an effective banana plantation
A try was developed to help you explain the phrase ‘matrimonial property’ by the Female Fairness Esther Kisakye regarding Rwabinumi Versus. Bahimbisomwe Civil Interest No. 10 out of 2009 in which she cited with acceptance the scenario of Muwanga Versus.
“matrimonial home is know in different ways by the differing people blued mobile. Almost always there is property which the couple made a decision to call household. There is possessions which may be received individually of the per partner prior to or after marriage. All these would be to i think meet the requirements differently. The house or property to which for every spouse should be titled is that assets and this functions decided to name home and that they jointly subscribe”.
Then there is property and therefore a partner will get hold in trust towards clan
Depending on the research toward number, new petitioner testified you to definitely upon the lady ire Change Center working together just like the a family group powering an entire purchases shopping store and soon after together bought house away from a one Hajji Badru Sande which had a house on it. Brand new agreement of sales is adduced into the research since the EXHP1. She further stated that when they gone to live in Rukungiri, they purchased way more bits of home which include, home away from a-one John Kabareebe, (Showcase P2), some other bought of the respondent off John Kabareebe, (Exhibit P3) but another as you ordered of F. Mugondo in which it mainly based this new matrimonial domestic(discover Exhibit P4). She and demonstrated photos of the property since the EXHP20 and receipts of some of the things that she sold in the house as the EXHP21 (a), (b) and you can (c). She additionally adduced EXHP5 just like the a contract getting property bought by the respondent away from Mugume Polly about what they have a beneficial banana plantation, EXHP6 since belongings ordered as you from W. Rushakama that can has actually good banana plantation and you can EXHP7 as the belongings bought by respondent away from Nshijja .Grams in which they cultivated nice potatoes.
The fresh petitioner in addition to testified that couple later on relocated to Kampala and you may during their stand along with her already been coping inside the promoting cars of whoever continues it ordered a taxi that they as well as marketed out of and later become powering a store. They then purchased six bits of homes two of that have house as well as the other individuals ranches. You to definitely EXHP10 try a binding agreement to own land bought from the petitioner out of a single Byangwanye Obed, but really EXHP11 is for property purchased jointly on the pupils out of the brand new late Levi Butumanya, EXHP12 as the home purchased as one out-of Kalumba Faisal which includes home-based premise at Nateete and you can EXHP13 as the proof home on Kiwatule jointly bought off Kalyegira Adone and with land and you will home.
The latest petitioner after that adduced evidence of a binding agreement (EXHP14) whereby the fresh respondent handed over the shop into the Ntinda so you can the girl and now have adduced proof receipts towards the lease she paid for the shop since the EXHP15 (a) and you can (b). She affirmed whenever the latest respondent was launched out-of jail, the guy bankrupt the shop, piled a lot of merchandize inside it to a trailer and grabbed them to Rwashamire where he establish some other store, however, later moved the goods so you can Rukungiri. She adduced evidence of photos appearing the entrances of the store brand new Fuso vehicle upon which the goods was indeed full of specific of the locals watching the latest do it since EXHP sixteen (a), (b) and you will (c). She reported that experience once the theft at the Kiira roadway Police route vide SD Ref./2010.