Kintu (supra)where Bbosa J noticed that;

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Kintu (supra)where Bbosa J noticed that;

Whether or not the activities keeps matrimonial possessions of course yes, whether or not the petitioner is entitled to a share throughout the matrimonial possessions?

An attempt was developed in order to identify the expression ‘matrimonial property’ from the Girls Fairness Esther Kisakye in the case of Rwabinumi Versus. Bahimbisomwe Civil Attract No. 10 from 2009 in which she cited which have approval the scenario off Muwanga Vs.

The original parcel (EXHP8) that’s found at Nyakihanga is ordered by the petitioner away from a one Bataringaya, EXHP9 ‘s the arrangement for the most other piece of land and this is actually a present from a single Bakasharebwa and Kirabo to your respondent and currently possess a good banana plantation

“matrimonial home is know differently by the differing people. Almost always there is property which the pair made a decision to phone call family. There is assets which is often gotten separately of the for every single mate prior to or just after marriage. Then there’s assets hence a partner may hold in believe with the clan. The house to which for every partner will likely be titled would be the fact property and that functions made a decision to label domestic and you will that they as one sign up for”.

All these should in my view be considered differently

According to evidence towards list, the brand new petitioner testified that on her ire Exchange Hub working together as a household powering a whole product sales merchandising store and later together purchased house regarding a one Hajji Badru Sande which in fact had a property with it. The latest arrangement of purchases are adduced for the proof since the EXHP1. She then reported that when they gone to live in Rukungiri, it purchased a great deal more items of land which includes, homes away from a one John Kabareebe, (Showcase P2), some other ordered of the respondent of John Kabareebe, (Display P3) but other together bought of F. Mugondo in which it based this new matrimonial home(select Showcase P4). She and displayed images of the property while the EXHP20 and you may invoices of some of the things that she sold in the house as the EXHP21 (a), (b) and you can (c). She at the same time adduced EXHP5 while the an agreement to possess home ordered by the respondent from Mugume Polly on what he has got a beneficial banana plantation, EXHP6 just like the belongings purchased together out of W. Rushakama that can has actually a great banana plantation and EXHP7 once the house ordered from the respondent away from Nshijja .Grams in which it developed sweet potatoes.

This new petitioner including affirmed the few after transferred to Kampala and you will during their sit together been coping from inside the attempting to sell trucks from whose continues they ordered a cab which they along with marketed out-of and soon after been powering a store. Then they purchased six bits of home two of with domiciles and also the other people ranches. One to EXHP10 is a binding agreement to have home ordered by petitioner away from a-one Byangwanye Obed, yet EXHP11 is for land purchased as one on the people from the later Levi Butumanya, EXHP12 just like the home bought together out of Kalumba Faisal which has domestic premise during the Nateete and EXHP13 while the proof of residential property during the Kiwatule as one purchased of Kalyegira Adone and you will that has belongings and houses.

New petitioner subsequent adduced proof of a binding agreement (EXHP14) which the latest respondent handed over the store for the Ntinda to help you her while having adduced evidence of receipts into lease she purchased a shop since the EXHP15 (a) and you may (b). She testified that whenever new respondent was released from jail, he broke the shop, stacked much of merchandize involved to a truck and you may got them to Rwashamire where he created another store, however, after went the goods so you’re able to Rukungiri. She adduced evidence of photo proving the fresh new entry of store the new Fuso truck where the goods was basically laden with certain of your own neighbors watching the fresh new take action just like the EXHP sixteen (a), (b) and (c). She reported that incident as thieves at Kiira path Police channel vide SD Ref./2010.

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