Kintu (supra)where Bbosa J observed one;
If the people provides matrimonial possessions whenever yes, if the petitioner was entitled to a percentage on the matrimonial property?
An attempt was made to help you explain the term ‘matrimonial property’ by Women Justice Esther Kisakye when it comes to Rwabinumi Compared to. Bahimbisomwe Civil Notice Zero. 10 off 2009 in which she cited which have recognition the case out of Muwanga Against.
She adduced evidence of images indicating the new access of your own shop brand new Fuso vehicle upon which items was indeed full of some of your natives viewing the get it done since EXHP 16 (a), (b) and you can (c)
“matrimonial property is realized differently of the each person. Often there is assets that few decided to phone call home. There can be possessions that can be obtained individually because of the for every single mate just before or immediately after relationship. Then there is possessions and therefore a spouse can get control believe with the clan. Every one of these would be to in my experience meet the requirements in another way. The house that each mate is entitled would be the fact property hence functions decided to name family and you may that they together sign up for”.
According to the facts to the number, new petitioner testified that through to this lady ire Trade Center working together due to the fact children powering an entire sale merchandising shop and soon after jointly bought homes of a one Hajji Badru Sande which had a home inside. The new contract from deals was adduced during the facts because the EXHP1. She then reported that when they relocated to Rukungiri, it bought so much more items of home which include, home out-of a one John Kabareebe, (Exhibit P2), some other ordered from the respondent out-of John Kabareebe, (Display P3) however several other together purchased of F. Mugondo in which it situated the matrimonial home(pick Exhibit P4). She and shown photo of the home given that EXHP20 and you may invoices of some of the items she available in the house because the EXHP21 (a), (b) and you can (c). She at exactly the same time adduced EXHP5 because the a contract to have land ordered because of the respondent out-of Mugume Polly about what they have a great banana plantation, EXHP6 just like the residential property purchased jointly off W. Rushakama that also has a banana plantation and EXHP7 because the property purchased by the respondent out-of Nshijja .G in which they grown sweet potatoes.
The original parcel (EXHP8) that is found at Nyakihanga was ordered from the petitioner out of a single Bataringaya, EXHP9 ‘s the contract on the other lot and that was a gift from 1 Bakasharebwa and you can Kirabo into respondent and you may already features a beneficial banana plantation
The petitioner together with testified that the few later on gone to live in Kampala and throughout their remain with her already been coping when you look at the attempting to sell automobiles regarding whose proceeds it purchased a taxi cab which they together with ended up selling of and later come powering a store. They then bought 6 bits of homes two of having households and other individuals ranches. You to EXHP10 are a contract to own land purchased because of the petitioner out-of a single Byangwanye Obed, yet , EXHP11 is actually for belongings bought together on the pupils off the fresh late Levi Butumanya, EXHP12 because the homes purchased together out of Kalumba Faisal that has domestic properties from the Nateete and you may EXHP13 due to the fact evidence of house at the Kiwatule together ordered from Kalyegira Adone and you can which includes residential property and you can homes.
The new petitioner after that adduced proof a binding agreement (EXHP14) for which the newest respondent paid the shop from inside the Ntinda to the lady and get adduced proof receipts into the book she purchased the store since EXHP15 (a) and you may (b). She affirmed that when the respondent was launched out of jail, he bankrupt a shop, piled most of merchandize inside on to a trailer and you may grabbed these to Rwashamire where the guy put up several other shop, but later moved the goods to Rukungiri. She reported that experience while the theft at Kiira street Cops channel vide SD Ref./2010.