Kintu (supra)in which Bbosa J seen you to;

Kintu (supra)in which Bbosa J seen you to;

Whether or not the activities keeps matrimonial possessions and when yes, whether or not the petitioner is actually eligible to a share throughout the matrimonial possessions?

The initial lot (EXHP8) which is located at Nyakihanga are bought by the petitioner away from a single Bataringaya, EXHP9 ‘s the arrangement on almost every other parcel and this is actually something special from Bakasharebwa and you will Kirabo towards the respondent and already possess a great banana plantation

An attempt is made so you can identify the word ‘matrimonial property’ from the People Fairness Esther Kisakye in the example of Rwabinumi Compared to. Bahimbisomwe Municipal Attention No. ten out-of 2009 in which she cited that have approval the situation of Muwanga Against.

“matrimonial house is understood in different ways because of the different people. Almost always there is property that couples chose to phone call home. There could be possessions and this can be gotten individually by the per mate in advance of or immediately following matrimony. Each one of these should i think be considered differently. The house or property that per mate might be named is that assets hence people decided to name household and you will which they jointly contribute to”.

Then there is assets and that a spouse may hold in faith toward clan

According to facts on number, the latest petitioner testified one to through to this lady ire Exchange Hub working together just like the a household running a whole selling retail shop and later as you bought residential property off a one Hajji Badru Sande which in fact had a property inside it. This new arrangement out-of sale is adduced when you look at the proof since the EXHP1. She after that stated that after they relocated to Rukungiri, they bought a lot more bits of house which includes, property regarding a one John Kabareebe, (Exhibit P2), another purchased by respondent out of John Kabareebe, (Display P3) and yet various other as one ordered regarding F. Mugondo in which it based the new matrimonial household(get a hold of Display P4). She also displayed images of the house as EXHP20 and invoices of some of the items she bought in our home because the EXHP21 (a), (b) and (c). She additionally adduced EXHP5 as a binding agreement getting home purchased because of the respondent out-of Mugume Polly on which he’s good banana plantation, EXHP6 because home purchased jointly away from W. Rushakama which also features an excellent banana plantation and you may EXHP7 as belongings bought by respondent from Nshijja .Grams in which they grown sweet carrots.

The newest petitioner as well as testified your pair later on moved to Kampala and you may in their stay along with her become dealing in the selling vehicles away from whose continues they ordered a taxi which they along with marketed out-of and later become running a store. Then they bought 6 bits of home two of that have property therefore the other individuals plantations. One to EXHP10 try an agreement to have homes bought by petitioner out of a single Byangwanye Obed, but really EXHP11 is actually for homes ordered as you on the people out-of the newest late Levi Butumanya, EXHP12 because the homes ordered jointly off Kalumba Faisal which includes domestic premises at Nateete and EXHP13 because the proof house at Kiwatule as you purchased of Kalyegira Adone and you can that has property and you can house.

The fresh new petitioner subsequent adduced evidence of a contract (EXHP14) in which the newest respondent handed over the store in Ntinda to the girl and get adduced proof invoices towards lease she covered the store since EXHP15 (a) and you may (b). She affirmed that after the newest respondent was launched out of jail, the guy broke the shop, piled most of merchandize inside it on to a cuddli search truck and you can grabbed them to Rwashamire in which the guy put up several other store, however, after went the goods in order to Rukungiri. She adduced evidence of photos exhibiting the fresh entrance of the store the latest Fuso truck upon which the goods had been loaded with particular of the residents watching this new do it while the EXHP 16 (a), (b) and you may (c). She stated that incident as the theft during the Kiira highway Police channel vide SD Ref./2010.