Whether or not the parties have matrimonial assets and when yes, whether the petitioner was entitled to a share regarding the matrimonial property?
An attempt was created so you’re able to establish the term ‘matrimonial property’ of the Girls Fairness Esther Kisakye in the case of Rwabinumi Vs. Bahimbisomwe Municipal Attention Zero. ten of 2009 in which she quoted which have acceptance the case away from Muwanga Compared to.
The original piece of land (EXHP8) that is located at Nyakihanga is bought because of the petitioner regarding a single Bataringaya, EXHP9 ‘s the contract towards the almost every other lot hence are something special in one Bakasharebwa and you can Kirabo to the respondent and you will currently have a great banana plantation
“matrimonial property is know in different ways because of the each person. There’s always property that the pair made a decision to call house. There could be possessions that can easily be acquired on their own because of the for every partner before otherwise just after wedding. Then there’s property and therefore a husband may hold in trust for the clan. The house or property to which per spouse will likely be titled would be the fact assets hence events made a decision to telephone call domestic and you can that they jointly sign up to”.
All these will be in my opinion be considered differently
According to proof towards list, the fresh petitioner testified one on the girl ire Trading Hub working together once the a household powering an entire income merchandising shop and later as you bought land of a-one Hajji Badru Sande which in fact had a property involved. This new arrangement off purchases try adduced for the facts because EXHP1. She after that stated that once they gone to live in Rukungiri, it purchased far more items of residential property which include, belongings away from a-one John Kabareebe, (Exhibit P2), several other ordered by respondent of John Kabareebe, (Exhibit P3) however other as one purchased off F. Mugondo in which it mainly based the matrimonial family(find Display P4). She in addition to showed images of the property due to the fact EXHP20 and you may receipts of some of the items she available in our house since EXHP21 (a), (b) and you may (c). She in addition adduced EXHP5 while the a binding agreement having land purchased because of the respondent out-of Mugume Polly on which he’s got a beneficial banana plantation, EXHP6 as home ordered together from W. Rushakama that can features a banana plantation and EXHP7 since land purchased because of the respondent from Nshijja .G in which it developed sweet potatoes.
The fresh petitioner together with affirmed that the few later on moved to Kampala and you can in their remain together with her started coping into the selling vehicles off whoever continues it purchased a taxi cab that they and marketed off and soon after become explanation running a store. Then they purchased six pieces of homes two of with domiciles together with other individuals plantations. You to EXHP10 try a contract to have property ordered from the petitioner out of a one Byangwanye Obed, yet , EXHP11 is actually for residential property purchased jointly on youngsters off the fresh later Levi Butumanya, EXHP12 just like the land purchased as one out-of Kalumba Faisal which has domestic premises at the Nateete and EXHP13 due to the fact proof house within Kiwatule as one ordered out of Kalyegira Adone and you will which has homes and you will homes.
The fresh petitioner then adduced proof a binding agreement (EXHP14) whereby the new respondent paid the store within the Ntinda so you can the woman and have adduced proof invoices with the lease she taken care of the store as the EXHP15 (a) and you can (b). She testified that when the fresh new respondent was released away from jail, the guy bankrupt the shop, loaded most of merchandize with it onto a truck and you will took them to Rwashamire where the guy set up other store, but afterwards went the products so you’re able to Rukungiri. She adduced evidence of images demonstrating the entrances of the store this new Fuso truck upon which items have been packed with particular of your natives viewing the latest do so due to the fact EXHP 16 (a), (b) and you can (c). She reported that event since the theft on Kiira highway Cops route vide SD Ref./2010.