Whether or not the functions possess matrimonial assets of course sure, whether or not the petitioner try eligible to a share regarding matrimonial assets?
The initial parcel (EXHP8) that is located at Nyakihanga are bought by the petitioner out of a single Bataringaya, EXHP9 is the agreement to the almost every other parcel which is actually a gift from a single Bakasharebwa and you can Kirabo toward respondent and you can already have good banana plantation
A try was created in order to explain the expression ‘matrimonial property’ from the Women Justice Esther Kisakye regarding Rwabinumi Vs. Bahimbisomwe Civil Notice No. ten off 2009 where she cited with acceptance the scenario away from Muwanga Vs.
“matrimonial house is knew in different ways because of the different people. Often there is possessions that couples decided to call house. There is certainly property that may be acquired independently by the each partner ahead of or once matrimony. Each of these should in my view be considered differently. The house to which for every single spouse are going to be named is that possessions and therefore people chose to phone call house and that they jointly sign up for”.
Then there’s assets and therefore a husband get control believe on the clan
Depending on the evidence with the listing, the new petitioner affirmed one upon the woman ire Change Centre collaborating since a household running a complete income merchandising shop and soon after jointly bought home off a one Hajji Badru Sande which in fact had a home on it. The brand new agreement out-of selling was adduced in the proof once the EXHP1. She further stated that once they relocated to Rukungiri, they ordered much more bits of land including, residential property away from a single John Kabareebe, (Exhibit P2), other ordered because of the respondent away from John Kabareebe, (Showcase P3) and yet various other jointly bought away from F. Mugondo where they mainly based the fresh matrimonial family(select Display P4). She together with showed images of the home just like the EXHP20 and you may receipts of some of the items she available kasidie sign up in the house once the EXHP21 (a), (b) and you may (c). She likewise adduced EXHP5 given that an agreement for land bought of the respondent of Mugume Polly about what he’s a great banana plantation, EXHP6 once the homes ordered as you out-of W. Rushakama that can possess a good banana plantation and EXHP7 because the home purchased of the respondent regarding Nshijja .Grams in which it expanded nice potatoes.
New petitioner as well as testified the few later on transferred to Kampala and you may in their sit with her started dealing inside selling vehicles away from whoever proceeds it ordered a taxi cab which they together with offered away from and soon after become powering a shop. Then they ordered 6 pieces of house a couple of which have home additionally the people ranches. You to EXHP10 is actually a binding agreement to have homes bought from the petitioner off a one Byangwanye Obed, but really EXHP11 is actually for house ordered jointly about youngsters regarding the new late Levi Butumanya, EXHP12 just like the residential property purchased together from Kalumba Faisal which includes home-based site on Nateete and you can EXHP13 just like the evidence of residential property during the Kiwatule as you ordered of Kalyegira Adone and you can that has land and you will homes.
Brand new petitioner further adduced proof a contract (EXHP14) whereby brand new respondent handed over the shop in the Ntinda to help you this lady as well as have adduced evidence of invoices with the book she covered the store while the EXHP15 (a) and you may (b). She affirmed that after the fresh new respondent was launched off prison, the guy broke the shop, loaded most of merchandize inside it to a truck and you can got these to Rwashamire in which he created some other store, however, later on gone the products so you’re able to Rukungiri. She adduced evidence of photographs indicating the fresh new entrance of the shop the latest Fuso vehicle upon which the products have been laden with certain of the natives viewing brand new take action as EXHP sixteen (a), (b) and (c). She reported that incident given that thieves at Kiira street Cops channel vide SD Ref./2010.
