Whether the parties have matrimonial possessions and in case yes, whether or not the petitioner is eligible to a share throughout the matrimonial assets?
The first parcel (EXHP8) which is found at Nyakihanga is actually purchased by petitioner out of a-one Bataringaya, EXHP9 is the arrangement to the most other lot and that try a gift from Bakasharebwa and you will Kirabo to the respondent and you may already keeps an effective banana plantation
A try was created to establish the expression ‘matrimonial property’ by People Fairness Esther Kisakye in the example of Rwabinumi Against. Bahimbisomwe Civil Appeal No. 10 of 2009 in which she quoted which have acceptance possible of Muwanga Compared to.
“matrimonial property is understood in a different way by the different people. Often there is property that your pair chose to telephone call domestic. There could be assets which may be obtained independently of the for every single partner prior to or shortly after matrimony. Each one of these will be in my view meet the requirements in different ways. The property to which for every spouse is entitled would be the fact assets and therefore functions chose to call household and you will that they jointly subscribe to”.
Then there’s assets and therefore a husband will get hold in believe into the clan
With respect to the proof toward list, the latest petitioner testified one up on her ire Exchange Center working together given that children running an entire sale merchandising store and later as one ordered residential podpora bookofmatches property from a single Hajji Badru Sande which in fact had property involved. This new arrangement out-of profit try adduced from inside the facts because the EXHP1. She further stated that after they gone to live in Rukungiri, they bought far more pieces of belongings which includes, belongings regarding a single John Kabareebe, (Showcase P2), some other bought by the respondent away from John Kabareebe, (Showcase P3) and yet other together purchased out-of F. Mugondo in which it established this new matrimonial household(see Showcase P4). She also exhibited photographs of the house because the EXHP20 and you can invoices of some of the things that she available in the house because the EXHP21 (a), (b) and you will (c). She as well adduced EXHP5 as the a binding agreement to possess home ordered of the respondent out of Mugume Polly on which he’s an effective banana plantation, EXHP6 since house ordered jointly of W. Rushakama that can have a good banana plantation and EXHP7 because the home purchased by the respondent regarding Nshijja .Grams in which it developed sweet potatoes.
New petitioner in addition to testified that few later moved to Kampala and you will during their stay with her become dealing into the attempting to sell autos out-of whoever proceeds they purchased a cab which they and ended up selling of and soon after become powering a shop. Then they purchased 6 pieces of residential property two of which have house plus the other people plantations. You to EXHP10 is a contract to have residential property purchased because of the petitioner regarding a one Byangwanye Obed, yet , EXHP11 is for house bought jointly in the students out of new later Levi Butumanya, EXHP12 since homes bought jointly regarding Kalumba Faisal which includes domestic properties within Nateete and EXHP13 since the evidence of homes on Kiwatule as one ordered of Kalyegira Adone and you can which has property and you can properties.
This new petitioner subsequent adduced evidence of an agreement (EXHP14) which the latest respondent handed over a shop when you look at the Ntinda to this lady and get adduced proof invoices into the rent she covered the store as EXHP15 (a) and you may (b). She affirmed whenever brand new respondent was launched off jail, the guy broke the shop, stacked much of merchandize with it to a trailer and got them to Rwashamire where the guy developed various other shop, but later moved the goods so you can Rukungiri. She adduced proof of photo appearing the fresh new entrances of one’s shop new Fuso vehicle upon which items was indeed packed with some of the locals enjoying the newest do it due to the fact EXHP sixteen (a), (b) and (c). She stated that experience while the theft on Kiira highway Police station vide SD Ref./2010.