Whether or not the functions have matrimonial assets just in case sure, whether the petitioner are eligible to a share regarding matrimonial assets?
The initial lot (EXHP8) which is found at Nyakihanga is purchased by the petitioner from a single Bataringaya, EXHP9 ‘s the agreement on the most other parcel and this was a gift from Bakasharebwa and you will Kirabo to your respondent and you may currently provides a great banana plantation
A go is made in order to determine the definition of ‘matrimonial property’ by Ladies Justice Esther Kisakye when it comes to Rwabinumi Versus. Bahimbisomwe Municipal Desire No. ten regarding 2009 where she cited having approval the fact away from Muwanga Versus.
“matrimonial house is know differently because of the different people. Often there is property which the few made a decision to label home. There can be assets which are often received alone of the each partner just before or just after marriage. Each one of these is to in my experience be considered in a different way. The house or property that for every single lover can be entitled would be the fact assets and that people chose to telephone call home and you will which they together join”.
Then there is property and this a partner can get control faith on the clan
According to the evidence into the list, this new petitioner testified you to on this lady ire Trade Hub working together as a family group running a whole deals merchandising shop and soon after as you ordered homes away from a single Hajji Badru Sande which had a hot or not sign in home in it. The latest arrangement regarding business try adduced in research due to the fact EXHP1. She then reported that once they gone to live in Rukungiri, it ordered a whole lot more items of belongings which include, residential property of a-one John Kabareebe, (Showcase P2), another purchased by the respondent out-of John Kabareebe, (Exhibit P3) yet other jointly purchased off F. Mugondo in which they based the newest matrimonial domestic(see Display P4). She as well as demonstrated photo of the property as EXHP20 and you can receipts of a few of the items she purchased in the house because the EXHP21 (a), (b) and you may (c). She at the same time adduced EXHP5 as a contract for belongings purchased because of the respondent of Mugume Polly on which he’s got a good banana plantation, EXHP6 because house bought as you of W. Rushakama that also have a beneficial banana plantation and EXHP7 since the residential property bought of the respondent of Nshijja .Grams where they cultivated sweet potatoes.
New petitioner and additionally affirmed that pair after transferred to Kampala and you can throughout their stand together already been coping from inside the promoting vehicles from whose continues they bought a taxi cab which they in addition to sold regarding and later come running a store. Then they bought six pieces of home a couple of with properties together with rest ranches. You to definitely EXHP10 try a binding agreement to possess house purchased by the petitioner out of a single Byangwanye Obed, but really EXHP11 is actually for belongings ordered as one about people off the fresh new later Levi Butumanya, EXHP12 due to the fact residential property purchased as you away from Kalumba Faisal that has residential properties during the Nateete and EXHP13 as proof belongings within Kiwatule as one purchased away from Kalyegira Adone and you may which includes house and you can homes.
New petitioner subsequent adduced proof a contract (EXHP14) whereby the newest respondent handed over the shop in the Ntinda so you’re able to the lady and possess adduced proof of invoices on rent she taken care of the store given that EXHP15 (a) and you may (b). She affirmed that after this new respondent was released of jail, he broke the shop, loaded most of merchandize on it onto a truck and you can took these to Rwashamire where the guy set-up several other store, but after went items in order to Rukungiri. She adduced evidence of images appearing the fresh entrances of your own store the fresh new Fuso truck where items have been laden up with certain of the neighbors watching the fresh do so once the EXHP sixteen (a), (b) and you will (c). She stated that event just like the theft from the Kiira highway Police route vide SD Ref./2010.