If the events has matrimonial possessions assuming sure, whether the petitioner is actually eligible to a portion regarding the matrimonial assets?
A try was created to identify the expression ‘matrimonial property’ of the Women Justice Esther Kisakye when it comes to Rwabinumi Versus. Bahimbisomwe Civil Attention No. ten away from 2009 in which she quoted having recognition the scenario from Muwanga Versus.
She adduced proof images proving the fresh new access of your own store the fresh Fuso vehicle upon which the goods was laden up with certain of one’s natives watching the fresh new do so since EXHP 16 (a), (b) and you can (c)
“matrimonial house is know in a different way by the different people. There’s always assets that the partners chose to call household. There may be property that is certainly acquired individually from the for each partner before or immediately following marriage. Then there’s assets which a partner may hold in believe into clan. Every one of these should in my experience qualify differently. The house to which each partner are called is that assets and therefore functions made a decision to telephone call home and you can which they together contribute to”.
According to the facts towards the listing, the fresh new petitioner affirmed you to on the girl ire Exchange Heart collaborating while the a family group running a whole revenue shopping store and later as one purchased property away from a-one Hajji Badru Sande which had a property inside. The agreement from marketing is adduced in the evidence because the EXHP1. She subsequent stated that after they transferred to Rukungiri, they purchased a lot more pieces of residential property which include, house from a one John Kabareebe, (Display P2), some other purchased because of the respondent of John Kabareebe, (Exhibit P3) and yet various other together purchased of F. Mugondo where they oriented the brand new matrimonial domestic(select Display P4). She and demonstrated images of the home just like the EXHP20 and you may receipts of a few e-chat of the things that she purchased in the house since the EXHP21 (a), (b) and you can (c). She on the other hand adduced EXHP5 because an agreement for belongings bought because of the respondent regarding Mugume Polly on what he has got a banana plantation, EXHP6 as property purchased as one out of W. Rushakama which also provides a great banana plantation and EXHP7 since the home purchased because of the respondent of Nshijja .G in which they grown sweet carrots.
The first piece of land (EXHP8) that is found at Nyakihanga was purchased from the petitioner out-of a one Bataringaya, EXHP9 is the arrangement towards the almost every other piece of land which was a gift in one Bakasharebwa and you can Kirabo into respondent and you can currently features an effective banana plantation
The newest petitioner including testified your couple after transferred to Kampala and you may in their sit along with her already been dealing in promoting autos from whose continues it bought a taxi that they and sold away from and soon after started running a store. Then they ordered six bits of homes two of which have home in addition to other people plantations. You to EXHP10 is a binding agreement to own residential property ordered from the petitioner out-of a single Byangwanye Obed, yet EXHP11 is actually for homes bought as one about children out-of the latest later Levi Butumanya, EXHP12 because the residential property purchased as one from Kalumba Faisal with home-based premises on Nateete and you can EXHP13 because evidence of home during the Kiwatule as you purchased out of Kalyegira Adone and you can with belongings and you can houses.
This new petitioner then adduced proof of a binding agreement (EXHP14) whereby brand new respondent handed over a shop during the Ntinda to help you their and also have adduced proof of receipts towards rent she covered a shop since EXHP15 (a) and you can (b). She affirmed whenever the new respondent premiered off jail, the guy bankrupt a shop, loaded much of merchandize inside onto a truck and you will grabbed these to Rwashamire where he set-up other store, but after moved the goods to Rukungiri. She reported that incident as the thieves at Kiira highway Police station vide SD Ref./2010.
