Kintu (supra)where Bbosa J observed that;
Perhaps the functions has actually matrimonial possessions assuming yes, if the petitioner try eligible to a portion on the matrimonial possessions?
A-try was made to help you define the definition of ‘matrimonial property’ of the Ladies Fairness Esther Kisakye in the case of Rwabinumi Against. Bahimbisomwe Civil Appeal Zero. 10 out of 2009 in which she cited having approval your situation away from Muwanga Versus.
She adduced proof photographs appearing the fresh entrance of one’s store the fresh Fuso vehicle upon which items was indeed laden up with specific of the neighbors seeing the new do so because EXHP sixteen (a), (b) and (c)
“matrimonial home is realized in another way of the differing people. Often there is possessions which the couples chose to phone call domestic. There is assets which are often obtained separately of the for every mate prior to otherwise immediately following relationships. Then there’s property which a partner can get control believe to the clan. Each of these is in my opinion be considered in different ways. The property to which for every single companion can be called is that property hence activities chose to telephone call home and you will that they as one subscribe”.
According to proof to your record, the new petitioner affirmed you to definitely up on her ire Change Middle collaborating as a family group running a complete marketing merchandising shop and later as one purchased homes of a single Hajji Badru Sande which in fact had a property on it. The arrangement from purchases was adduced in the evidence as EXHP1. She after that stated that after they gone to live in Rukungiri, they purchased a great deal more pieces of residential property which includes, belongings from a single John Kabareebe, (Showcase P2), several other bought by the respondent regarding John Kabareebe, (Showcase P3) but several other jointly purchased from F. Mugondo where it centered the fresh new matrimonial family(get a hold of Display P4). She plus demonstrated pictures of the home as the EXHP20 and you will receipts of some of the items she sold in our home as EXHP21 alua telefonnГ ДЌГslo (a), (b) and you can (c). She on top of that adduced EXHP5 since an agreement having land ordered by respondent out of Mugume Polly about what he has got an effective banana plantation, EXHP6 given that property bought as you from W. Rushakama that also has an effective banana plantation and you can EXHP7 given that homes purchased by the respondent off Nshijja .Grams in which they cultivated sweet potatoes.
The original piece of land (EXHP8) that is located at Nyakihanga try bought from the petitioner regarding a-one Bataringaya, EXHP9 ‘s the arrangement with the almost every other parcel and this was a present in one Bakasharebwa and you may Kirabo towards respondent and you can currently have an excellent banana plantation
The new petitioner and additionally testified that the couples afterwards relocated to Kampala and you can throughout their remain along with her started dealing during the attempting to sell vehicles off whose continues it purchased a taxi that they together with sold out-of and later become powering a store. They then purchased six pieces of house a couple of which have properties in addition to other people plantations. You to EXHP10 is a contract getting residential property purchased by the petitioner away from a one Byangwanye Obed, yet , EXHP11 is actually for property purchased jointly about students regarding brand new later Levi Butumanya, EXHP12 as home bought together of Kalumba Faisal which has residential site on Nateete and you can EXHP13 just like the proof of house during the Kiwatule jointly ordered out of Kalyegira Adone and you may with home and you may domiciles.
The brand new petitioner next adduced proof of an agreement (EXHP14) whereby the fresh respondent handed over the shop in Ntinda in order to the girl and also adduced evidence of invoices to your rent she covered a shop just like the EXHP15 (a) and (b). She testified that after the fresh respondent was launched away from prison, he broke a shop, stacked a lot of merchandize involved onto a truck and you can grabbed these to Rwashamire where the guy created some other store, however, later on gone the products so you’re able to Rukungiri. She reported that incident given that theft at Kiira street Police station vide SD Ref./2010.