Kintu (supra)in which Bbosa J observed one;
Whether the people keeps matrimonial possessions and if yes, whether the petitioner was eligible to a share about matrimonial possessions?
The original lot (EXHP8) that’s located at Nyakihanga try purchased of the petitioner out-of a-one Bataringaya, EXHP9 is the contract to the almost every other parcel hence are a present in one Bakasharebwa and you will Kirabo into respondent and you will currently enjoys a great banana plantation
A go was made to establish the expression ‘matrimonial property’ by Females Justice Esther Kisakye regarding Rwabinumi Versus. Bahimbisomwe Municipal Attention Zero. ten out of 2009 where she cited that have recognition the fact of Muwanga Vs.
“matrimonial house is understood in different ways from the different people. There is always property which the pair chose to phone call household. There is possessions which are gotten independently of the per companion ahead of otherwise once relationship. Each one of these would be to in my opinion qualify in another way. The home that for every mate would be titled would be the fact possessions which people decided to telephone call family and you may that they jointly contribute to”.
Then there’s assets which a husband may control believe to the clan
Depending on the facts to the checklist, the petitioner testified that abreast of their ire Trading Middle collaborating since the a family group running an entire business shopping shop and later together purchased residential property out-of a-one Hajji Badru Sande which in fact had a property in it. The arrangement away from purchases is actually adduced in research as EXHP1. She after that reported that once they gone to live in Rukungiri, it bought much more items of property which include, house out-of a single John Kabareebe, (Exhibit P2), several other ordered because of the respondent of John Kabareebe, (Display P3) however various other as one bought out of F. Mugondo where they established the latest matrimonial home(get a hold of Exhibit P4). She including showed photos of the property while the EXHP20 and you will receipts of some of the items she purchased in our house just like the EXHP21 (a), (b) and you can (c). She concurrently adduced EXHP5 just like the an agreement getting land ordered from the respondent out-of Mugume Polly on what he has got a good banana plantation, EXHP6 due to the fact belongings purchased as one of W. Rushakama that also have a good banana plantation and you will EXHP7 once the land bought because of the respondent from Nshijja .Grams in which it developed nice potatoes.
The fresh new petitioner along with affirmed your few later gone to live in Kampala and throughout their stand together started dealing in the selling trucks regarding whose proceeds they bought a taxi that they and offered out-of and later come powering a shop. They then ordered six bits of house two of with property while the other people ranches. One EXHP10 are a contract to have belongings bought because of the petitioner out of a-one Byangwanye Obed, but really EXHP11 is actually for property bought together from the children off the fresh later Levi Butumanya, EXHP12 just like the homes bought as one regarding Kalumba Faisal with domestic site during the Nateete and EXHP13 since proof of homes in the Kiwatule jointly ordered away from Kalyegira Adone and you will which has belongings and you can homes.
New petitioner subsequent adduced proof of an agreement (EXHP14) where this new respondent paid the store for the Ntinda so you’re able to the girl and have adduced evidence of receipts on lease she taken care of the shop because the EXHP15 (a) and you will (b). She affirmed that when the newest respondent was released from prison, he broke a shop, piled most of merchandize in it onto a truck and got these to Rwashamire where he set-up other store, however, afterwards moved the products in order to Rukungiri. She adduced evidence of pictures indicating the new entry of your shop the newest Fuso vehicle upon which items was packed with particular of one’s natives watching the newest get it done due to the fact EXHP sixteen (a), (b) and you will (c). She reported that event because the theft at Kiira roadway Police station vide SD Ref./2010.