Kintu (supra)where Bbosa J observed you to definitely;

Whether the activities keeps matrimonial property incase sure, whether the petitioner is actually entitled to a percentage on the matrimonial assets?

A go was developed so you can establish the definition of ‘matrimonial property’ from the People Justice Esther Kisakye in the case of Rwabinumi Vs. Bahimbisomwe Civil Attention Zero. ten off 2009 where she cited with approval possible out-of Muwanga Compared to.

She adduced evidence of photo appearing brand new entry of one’s store the fresh new Fuso truck where items were packed with certain of residents watching the latest get it done given that EXHP 16 (a), (b) and you may (c)

“matrimonial property is understood in another way because of the each person. Almost always there is property which the partners chose to call family. There can be assets which may be gotten independently by each mate before or just after matrimony. Then there’s property which a husband will get hold in trust for the clan. Each of these is in my opinion meet the requirements differently. The property to which for each lover will likely be titled is the fact assets hence parties made a decision to name domestic and you will that they jointly sign up to”.

With respect to the proof for the checklist, the fresh new petitioner testified one on this lady ire Trade Middle collaborating because the a family running an entire business retail store and soon after jointly ordered belongings away from a one Hajji Badru Sande which had a property involved. The fresh new arrangement off revenue is actually adduced into the facts as EXHP1. She then reported that once they relocated to Rukungiri, it ordered even more bits of homes which includes, homes regarding a-one John Kabareebe, (Exhibit P2), other ordered because of the respondent out of John Kabareebe, (Exhibit P3) and yet another jointly purchased away from F. Mugondo in which it founded the newest matrimonial domestic(find Exhibit P4). She in addition to demonstrated pictures of the home once the EXHP20 and you may invoices of a few of the things that she bought in our home due to the fact EXHP21 (a), (b) and you can (c). She while doing so adduced EXHP5 as a binding agreement to own property purchased because of the respondent from Mugume Polly on what he’s a banana plantation, EXHP6 as property ordered jointly away from W. Rushakama that also provides a banana plantation and you may EXHP7 because home ordered from the respondent out-of Nshijja .G in which they developed sweet potatoes.

The initial piece of land (EXHP8) that’s found at Nyakihanga is actually purchased from the petitioner out of a single Bataringaya, EXHP9 is the arrangement to your most other lot and this was a present from a single Bakasharebwa and Kirabo on the respondent and you may already has actually an effective banana plantation

The new petitioner together with testified that partners afterwards transferred to Kampala and you may in their sit together become dealing inside the offering trucks off whose continues they bought a taxi that they plus offered of and later been running a shop. Then they purchased 6 bits of residential property a couple of that have domiciles and other individuals plantations. That EXHP10 try a contract to have property ordered by the petitioner out-of a-one Byangwanye Obed, yet EXHP11 is for belongings ordered jointly about children off the newest late Levi Butumanya, EXHP12 because house bought together out of Kalumba Faisal that has domestic premises in the Nateete and you can EXHP13 just like the proof homes at the Kiwatule together bought of Kalyegira Adone and you may with home and you will houses.

The brand new petitioner after that adduced evidence of an agreement (EXHP14) by which the new respondent paid a shop when you look at the Ntinda to help you this lady and now have adduced evidence of invoices to the book she paid for the shop just like the EXHP15 (a) and you can (b). She affirmed whenever the brand new respondent premiered out-of jail, the guy broke the shop, stacked much of merchandize on it to a trailer and you will took them to Rwashamire in which he establish other store, however, later on gone the products in order to Rukungiri. She stated that experience given that theft on Kiira street Cops channel vide SD Ref./2010.

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