02 Sep Kintu (supra)in which Bbosa J observed you to definitely;

Whether the events have matrimonial property and if yes, whether or not the petitioner are eligible to a percentage throughout the matrimonial possessions?

The first piece of land (EXHP8) that’s found at Nyakihanga are ordered because of the petitioner away from a one Bataringaya, EXHP9 is the agreement to the almost every other piece of land and this was a gift from Bakasharebwa and you may Kirabo to your respondent and you can currently has an effective banana plantation

A-try is made so you’re able to establish the definition of ‘matrimonial property’ because of the Lady Justice Esther Kisakye in the example of Rwabinumi Vs. Bahimbisomwe Municipal Interest No. ten from 2009 where she cited with acceptance possible of Muwanga Compared to.

“matrimonial home is know in another way by differing people. Almost always there is possessions that the couples decided to call home. There can be possessions that may be received by themselves of the for each partner prior to or immediately after matrimony. Every one of these would be to for me meet the requirements in another way. The home that per spouse shall be called would be the fact property and therefore activities made a decision to phone call home and that they as one sign up to”.

Then there’s property and therefore a spouse get hold in faith towards clan

With respect to the evidence with the number, the petitioner testified one to abreast of the woman ire Change Middle working together since the a family group powering an entire selling retail shop and later together bought home of a one Hajji Badru Sande which had a house on it. The latest agreement regarding revenue is adduced into the evidence while the EXHP1. She then stated that when they transferred to Rukungiri, it ordered alot more bits of belongings including, belongings away from a one John Kabareebe, (Showcase P2), another purchased by the respondent away from John Kabareebe, (Exhibit P3) yet several other as one ordered off F. Mugondo in which they situated the fresh new matrimonial home(find Display P4). She plus exhibited photos of the home while the EXHP20 and you will receipts of some of the items she available in the house since the EXHP21 (a), (b) and you may (c). She at the same time adduced EXHP5 just like the a binding agreement for land purchased because of the respondent off Mugume Polly about what they have an excellent banana plantation, EXHP6 because homes ordered jointly regarding W. Rushakama that can features a beneficial banana plantation and you can EXHP7 as the homes bought of the respondent from Nshijja .G where they developed sweet carrots.

Brand new petitioner plus affirmed that couple after gone to live in Kampala and you may during their remain along with her started dealing into the offering automobiles from whose continues it purchased a taxi cab which they including offered out-of and later come running a shop. They then ordered six pieces of home a couple of that have property additionally the other individuals ranches. One EXHP10 are an agreement to possess residential property ordered by the petitioner off a single Byangwanye Obed, yet , EXHP11 is for land ordered as one on the pupils out-of the new late Levi Butumanya, EXHP12 given that house ordered jointly from Kalumba Faisal with domestic premise from the Nateete and EXHP13 because evidence of homes on Kiwatule as one bought from Kalyegira Adone and you may that has house and you may homes.

The fresh petitioner next adduced evidence of a binding agreement (EXHP14) where the fresh new respondent handed over the shop inside the Ntinda to the woman and then have adduced proof of invoices with the book she taken care of the shop once the EXHP15 (a) and you may (b). She affirmed that whenever the brand new respondent was released regarding prison, he bankrupt a shop, loaded most of merchandize involved onto a truck and you can grabbed them to Rwashamire where he created various other store, but later gone the goods in order to Rukungiri. She adduced proof pictures showing the newest access of the store the fresh Fuso vehicle where the goods were full of particular of residents viewing new do it while the EXHP 16 (a), (b) and you will (c). She stated that event as the theft from the Kiira roadway Police channel vide SD Ref./2010.