Whether the functions features matrimonial property if in case yes, if the petitioner is actually permitted a percentage from the matrimonial property?
The first piece of land (EXHP8) that’s found at Nyakihanga is ordered from the petitioner away from a single Bataringaya, EXHP9 is the contract toward most other lot and therefore is a gift from just one Bakasharebwa and you can Kirabo towards respondent and already keeps an effective banana plantation
An attempt was created to define the word ‘matrimonial property’ from the Women Fairness Esther Kisakye regarding Rwabinumi Versus. Bahimbisomwe Municipal Interest Zero. 10 from 2009 in which she cited which have approval possible regarding Muwanga Vs.
“matrimonial house is know in a different way because of the different people. There is always assets that couples decided to phone call family. There might be assets which are often gotten independently by the per lover before otherwise after relationship. All these would be to if you ask me meet the requirements in different ways. The home that for every lover are named is that possessions hence people decided to telephone call house and you will which they together sign up for”.
Then there’s assets and therefore a spouse will get hold in believe towards the clan
With respect to the evidence into number, brand new petitioner affirmed one to on her ire Change Center collaborating since the a family group powering an entire income retail shop and soon after as one bought homes regarding a-one Hajji Badru Sande which in fact had a property involved. The agreement from revenue is actually adduced in the facts due to the fact EXHP1. She further reported that when they gone to live in Rukungiri, they ordered a great deal more items of residential property which include, property out of a single John Kabareebe, (Showcase P2), several other ordered by respondent away from John Kabareebe, (Exhibit P3) but other jointly bought out of F. Mugondo where they oriented brand new matrimonial household(look for Display P4). She along with displayed photo of the house because EXHP20 and you can receipts of some of the items she sold in the house once the EXHP21 (a), (b) and you can (c). She likewise adduced EXHP5 since a binding agreement to possess home ordered by respondent out-of Mugume Polly on what he has a beneficial banana plantation, EXHP6 as the homes bought as one off W. Rushakama that can enjoys an effective banana plantation and you can EXHP7 as the land bought of the respondent out-of Nshijja .G in which it expanded sweet potatoes.
Brand new petitioner also testified that the couples later gone to live in Kampala and you may in their stand along with her been coping from inside the promoting autos from whose proceeds it purchased a taxi cab that they and sold of and later started running a shop. They then purchased 6 items of property two of that have home plus the people plantations. You to EXHP10 was a binding agreement to possess land bought of the petitioner of a single Byangwanye Obed, yet EXHP11 is for property bought together on the students away from the new late Levi Butumanya, EXHP12 once the homes purchased together off Kalumba Faisal which has domestic site within Nateete and you can EXHP13 as evidence of residential property on Kiwatule as one purchased out-of Kalyegira Adone and which includes home and you may houses.
The brand new petitioner subsequent adduced proof a contract (EXHP14) whereby joingy promo code the brand new respondent handed over a shop within the Ntinda so you’re able to this lady and have adduced evidence of invoices towards lease she taken care of the store as EXHP15 (a) and you may (b). She testified that after brand new respondent was released away from jail, the guy bankrupt the store, stacked most of merchandize with it to a truck and you may got these to Rwashamire in which the guy put up some other shop, however, after moved items to Rukungiri. She adduced evidence of photos demonstrating this new access of your own shop the new Fuso vehicle upon which the products was in fact packed with particular of neighbors enjoying the fresh do it since the EXHP sixteen (a), (b) and you can (c). She reported that event as thieves at Kiira street Cops channel vide SD Ref./2010.
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