05 Sep 2022

Kintu (supra)where Bbosa J seen you to;

Whether the events keeps matrimonial assets assuming sure, perhaps the petitioner is actually permitted a share on the matrimonial possessions?

The original parcel (EXHP8) which is found at Nyakihanga is actually purchased because of the petitioner out of a one Bataringaya, EXHP9 is the contract for the almost every other parcel which are a gift in one Bakasharebwa and you can Kirabo towards the respondent and currently features good banana plantation

An attempt is made to explain the definition of ‘matrimonial property’ of the People Fairness Esther Kisakye regarding Rwabinumi Vs. Bahimbisomwe Municipal Desire No. 10 off 2009 in which she cited which have recognition the truth off Muwanga Vs.

“matrimonial house is realized in a different way by the different people. Often there is possessions which the couples decided to call family. There may be property which can be received separately by the each partner in advance of or once relationships. All these should i think qualify differently. The home that for each lover is entitled would be the fact assets and this activities chose to telephone call household and you may that they as you subscribe”.

Then there is assets hence a husband may control faith into the clan

According to evidence toward listing, new petitioner testified you to on the lady ire Change Center working together while the a family group running a whole income retail store and later as you bought house out of a single Hajji Badru Sande which had a property inside it. The fresh agreement off sale are adduced for the research due to the fact EXHP1. She next stated that when they transferred to Rukungiri, it ordered more pieces of belongings including, property of a single John Kabareebe, (Exhibit P2), other bought from the respondent out-of John Kabareebe, (Showcase P3) and yet other together bought regarding F. Mugondo in which they centered the matrimonial domestic(discover Showcase P4). She including presented photos of the property given that EXHP20 and you will invoices of a few of the things that she bought in our house just like the EXHP21 (a), (b) and you can (c). She at the same time adduced EXHP5 because the an agreement to possess homes bought from the respondent regarding Mugume Polly on which they have a beneficial banana plantation, EXHP6 because property bought jointly of W. Rushakama which also features an excellent banana plantation and EXHP7 as the home bought from the respondent out-of Nshijja .Grams where they cultivated sweet carrots.

The fresh petitioner and additionally affirmed that partners later on relocated to Kampala and you can during their remain together with her already been coping within the promoting autos of whoever continues it ordered a taxi cab that they and marketed away from and later become running a store. Then they ordered 6 pieces of homes a couple of which have houses as well as the other people plantations. You to EXHP10 is actually an agreement to own property purchased because of the petitioner of a one Byangwanye Obed, yet , EXHP11 is for belongings ordered as you regarding the youngsters away from the new late Levi Butumanya, EXHP12 because the home ordered as you out-of Kalumba Faisal that has residential properties during the Nateete and EXHP13 while the evidence of house from the Kiwatule jointly bought off Kalyegira Adone and you may with homes and domiciles.

The new petitioner further adduced proof an agreement (EXHP14) which the fresh respondent paid the store for the Ntinda so you can their and have adduced proof of invoices on book she taken care co je asiandating of the store because the EXHP15 (a) and you may (b). She affirmed that after new respondent was launched regarding prison, he bankrupt a shop, piled the majority of merchandize inside it onto a trailer and you can got these to Rwashamire in which the guy created another store, however, later went the products so you can Rukungiri. She adduced proof of photos indicating the brand new entry of the store the brand new Fuso vehicle upon which the products was basically loaded with certain of your natives watching the newest do so due to the fact EXHP sixteen (a), (b) and you may (c). She reported that incident just like the thieves during the Kiira path Cops channel vide SD Ref./2010.

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