Kintu (supra)where Bbosa J observed you to;

If the people provides matrimonial assets and when sure, whether the petitioner is entitled to a portion throughout the matrimonial possessions?

The first piece of land (EXHP8) which is found at Nyakihanga is bought of the petitioner out-of a-one Bataringaya, EXHP9 ‘s the agreement to your most other piece of land hence is actually a present from Bakasharebwa and you may Kirabo on the respondent and you may currently have an effective banana plantation

A-try was developed to help you describe the phrase ‘matrimonial property’ because of the People Justice Esther Kisakye in the example of Rwabinumi Compared to. Bahimbisomwe Municipal Attract Zero. ten regarding 2009 where she quoted having approval the situation away from Muwanga Against.

“matrimonial house is know differently of the differing people. There is always possessions that your couple made a decision to telephone call household. There can be property that may be received individually from the for each and every lover just before otherwise shortly after marriage. Each one of these would be to if you ask me qualify in another way. The house to which for every companion should be entitled is that possessions and therefore functions made a decision to phone call household and you can that they jointly sign up to”.

Then there is assets and therefore a spouse get control believe into the clan

With respect to the proof for the record, the newest petitioner testified one to through to this lady ire Trade Center working together since a family running a complete profit merchandising shop and soon after together purchased homes out of a one Hajji Badru Sande which had a home inside. The latest arrangement out-of revenue try adduced in the facts since the EXHP1. She subsequent stated that once they sweet pea gone to live in Rukungiri, it purchased even more bits of home which includes, residential property out of a single John Kabareebe, (Exhibit P2), other ordered because of the respondent out of John Kabareebe, (Exhibit P3) however various other as one bought out of F. Mugondo where it founded the fresh matrimonial home(look for Showcase P4). She together with demonstrated images of the house once the EXHP20 and you can receipts of a few of the things that she sold in the house due to the fact EXHP21 (a), (b) and (c). She concurrently adduced EXHP5 once the a binding agreement to own residential property bought because of the respondent away from Mugume Polly on what they have a banana plantation, EXHP6 while the property purchased as you out-of W. Rushakama that can has a good banana plantation and you may EXHP7 as the house purchased by respondent away from Nshijja .Grams in which they developed nice carrots.

New petitioner plus affirmed your pair later transferred to Kampala and you will in their remain along with her already been dealing in the promoting trucks off whose proceeds they bought a taxi cab that they and additionally marketed away from and later been powering a store. They then bought six bits of land a couple of which have house together with rest ranches. One EXHP10 try a contract to possess home purchased by petitioner out of a-one Byangwanye Obed, but really EXHP11 is actually for belongings bought as one about people out of the brand new later Levi Butumanya, EXHP12 once the home bought jointly away from Kalumba Faisal which has home-based site from the Nateete and you may EXHP13 due to the fact proof of property at Kiwatule jointly ordered away from Kalyegira Adone and with home and you may house.

The new petitioner after that adduced evidence of a contract (EXHP14) whereby new respondent paid a shop in the Ntinda to the girl and have adduced proof invoices on lease she covered the shop as EXHP15 (a) and you will (b). She testified that after the new respondent was released out-of prison, he broke the shop, piled a lot of merchandize with it on to a trailer and you can took them to Rwashamire where the guy arranged various other store, but later on moved items so you’re able to Rukungiri. She adduced proof of pictures indicating the newest entrance of your own store the newest Fuso vehicle where the goods was laden up with specific of your own natives viewing new exercise just like the EXHP 16 (a), (b) and you will (c). She stated that event as thieves on Kiira highway Police station vide SD Ref./2010.

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