If the functions enjoys matrimonial property and in case yes, if the petitioner try eligible to a share on the matrimonial assets?
An attempt was made so you’re able to describe the word ‘matrimonial property’ by Girls Fairness Esther Kisakye in the case of Rwabinumi Vs. Bahimbisomwe Civil Interest No. ten from 2009 in which she quoted with acceptance the fact out-of Muwanga Against.
The initial parcel (EXHP8) that is located at Nyakihanga are ordered of the petitioner out of a one Bataringaya, EXHP9 is the agreement into the most other piece of land hence are a present from 1 Bakasharebwa and Kirabo for the respondent and currently keeps a banana plantation
“matrimonial house is know in a different way of the different people. Often there is property that your couple chose to telephone call home. There is assets which are often obtained by themselves by the for every single partner in advance of or after marriage. Then there’s possessions and that a spouse could possibly get control trust on clan. The house that for each lover would be titled is the fact property which people decided to telephone call household and you will which they as you contribute to”.
Each one of these would be to in my experience qualify in different ways
With regards to the research towards the list, the new petitioner testified one to up on their ire Change Center collaborating given that a family group powering a whole product sales shopping store and later jointly purchased residential property from a-one Hajji Badru Sande which had a property with it. The fresh new contract off revenue are adduced in the proof because the EXHP1. She further stated that after they transferred to Rukungiri, it ordered far more items of homes which includes, homes of a one John Kabareebe, (Exhibit P2), another purchased from the respondent regarding John Kabareebe, (Display P3) however some other jointly ordered regarding F. Mugondo in which they oriented the fresh matrimonial house(look for Showcase P4). She including displayed photo of the home due to the fact EXHP20 and you may receipts of a few of the items she purchased in the house since EXHP21 (a), (b) and (c). She on top of that adduced EXHP5 as the an agreement having homes ordered of the respondent out-of Mugume Polly on which they have a good banana plantation, EXHP6 as the house ordered as one away from W. Rushakama that can keeps a great banana plantation and EXHP7 just like the residential property purchased because of the respondent away from Nshijja .Grams in which it developed nice potatoes.
The brand new petitioner along with testified that the partners later moved to Kampala and you may throughout their sit together with her already been dealing when you look at the promoting cars away from whose continues it purchased a taxi cab that they also ended up selling off and later already been running a shop. Then they ordered six pieces of residential property a couple of that have houses plus the others plantations. You to EXHP10 are a binding agreement to own homes bought from the petitioner from a single Byangwanye Obed, yet EXHP11 is actually for residential property ordered together regarding the people away from the fresh late Levi Butumanya, EXHP12 because the land bought as one from Kalumba Faisal which includes residential premises at the Nateete and you will EXHP13 just like the proof of residential property at Kiwatule as one purchased out of Kalyegira Adone and you may that has belongings and you may property.
The new petitioner subsequent adduced proof of a binding agreement (EXHP14) whereby the newest respondent paid the shop inside the Ntinda so you’re able to the lady and now have adduced proof receipts on the lease she covered the shop once the EXHP15 (a) and you may (b). She testified that whenever the respondent was released out-of jail, he bankrupt the shop, loaded the majority of merchandize inside it on to a truck and you may got them to Rwashamire where he setup various other shop, however, after went items in order to Rukungiri. She adduced proof pictures demonstrating the new entrances of one’s store the newest Fuso truck upon which items was indeed packed with certain of the locals viewing brand new exercise once the EXHP 16 (a), (b) and (c). She stated that event while the theft during the Kiira roadway Police route vide SD Ref./2010.