Kintu (supra)in which Bbosa J seen you to;

Whether or not the parties have matrimonial property of course yes, whether the petitioner was eligible to a share about matrimonial property?

A-try was created so you’re able to identify the expression ‘matrimonial property’ of the Females Fairness Esther Kisakye in the case of Rwabinumi Versus. Bahimbisomwe Civil Appeal No. ten away from 2009 in which she cited which have acceptance the case from Muwanga Versus.

She adduced proof of photographs proving brand new entrance of shop new Fuso vehicle where items was in fact laden with certain of one’s residents seeing the do it as EXHP 16 (a), (b) and you may (c)

“matrimonial property is know in another way because of the each person. There is always assets that your couples made a decision to phone call domestic. There is certainly property that is certainly obtained separately from the for every spouse just before otherwise immediately following relationship. Then there’s assets and this a partner get hold in believe towards clan. Each of these should in my experience qualify in another way. The house or property to which for every companion should be named would be the fact assets hence people made a decision to call home and you will that they as you donate to”.

Depending on the evidence on listing, this new petitioner affirmed one abreast of the lady ire Trade Hub working together as a family running an entire sales shopping store and soon after together purchased land out of a single Hajji Badru Sande which in fact had property involved. The agreement out-of selling is adduced inside facts due to the fact EXHP1. She then stated that after they transferred to Rukungiri, they purchased much more pieces of residential property including, belongings out-of a one John Kabareebe, (Exhibit P2), other purchased because of the respondent of John Kabareebe, (Showcase P3) yet another jointly bought regarding F. Mugondo in which it established the latest matrimonial home(look for Exhibit P4). She along with presented photos of the property because EXHP20 and you may invoices of a few of the things that she purchased in our home because the EXHP21 (a), (b) and (c). She additionally adduced EXHP5 once the an agreement to have land purchased of the respondent off Mugume Polly on what he has got an excellent banana plantation, EXHP6 due to the fact land purchased jointly of W. Rushakama which also enjoys an effective banana plantation and you can EXHP7 due to the fact land ordered of the respondent regarding Nshijja .G in which it grown nice potatoes.

The first lot (EXHP8) which is found at Nyakihanga are purchased because of the petitioner regarding a one Bataringaya, EXHP9 is the agreement to the almost every other lot which try a gift from 1 Bakasharebwa and Kirabo into the respondent and currently has actually an excellent banana plantation

Brand new petitioner plus testified that the partners afterwards gone to live in Kampala and you may throughout their sit grindr along with her come dealing during the promoting trucks of whoever continues it purchased a taxi cab that they and marketed of and soon after become powering a shop. They then bought six bits of property a couple of that have houses and the people plantations. One to EXHP10 try a binding agreement to have home purchased by petitioner off a one Byangwanye Obed, yet , EXHP11 is for property purchased jointly on the students away from this new late Levi Butumanya, EXHP12 just like the residential property purchased as one off Kalumba Faisal with domestic site from the Nateete and you will EXHP13 given that evidence of homes at the Kiwatule jointly bought from Kalyegira Adone and which has property and domiciles.

The petitioner further adduced evidence of a binding agreement (EXHP14) for which the new respondent paid a shop when you look at the Ntinda so you’re able to the girl and also adduced evidence of receipts on lease she paid for the shop since the EXHP15 (a) and you will (b). She testified that after the fresh respondent was launched of prison, the guy broke a shop, stacked much of merchandize involved on to a truck and you can grabbed these to Rwashamire in which the guy set up various other store, however, after gone items to help you Rukungiri. She stated that incident as thieves at Kiira roadway Police route vide SD Ref./2010.