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Kintu (supra)where Bbosa J seen one to;

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Сен 7, 2022

Kintu (supra)where Bbosa J seen one to;

If the parties possess matrimonial possessions and if yes, whether or not the petitioner is permitted a share about matrimonial property?

A-try was developed so you can identify the definition of ‘matrimonial property’ by the Women Justice Esther Kisakye in the case of Rwabinumi Vs. Bahimbisomwe Municipal Appeal No. ten off 2009 in which she quoted having acceptance possible regarding Muwanga Against.

She adduced evidence of photographs proving the latest entry of shop new Fuso vehicle upon which items was basically packed with specific of the natives enjoying the latest get it done because EXHP 16 (a), (b) and (c)

“matrimonial house is knew in different ways by differing people. There is always possessions which the few chose to telephone call domestic. There can be property that is certainly received separately by the for every single companion in advance of otherwise once matrimony. Then there is possessions and that a partner can get control trust to your clan. All these is for me qualify in another way. The house or property to which for each and every lover can be entitled is that possessions which functions decided to label domestic and which they together donate to”.

According to proof towards listing, the fresh new petitioner affirmed you to up on the lady ire Trading Centre working together since a family powering an entire sales shopping shop and later together ordered property out of a single Hajji Badru Sande which in fact jdate had a house on it. The new agreement off selling are adduced in research just like the EXHP1. She then stated that once they relocated to Rukungiri, it bought a whole lot more items of home which includes, land of a-one John Kabareebe, (Showcase P2), several other ordered because of the respondent away from John Kabareebe, (Showcase P3) yet another as you bought of F. Mugondo where it based new matrimonial family(select Exhibit P4). She and additionally shown pictures of the home since EXHP20 and you can invoices of some of the items she bought in our home given that EXHP21 (a), (b) and you can (c). She concurrently adduced EXHP5 just like the a binding agreement getting home purchased of the respondent away from Mugume Polly on which he’s a banana plantation, EXHP6 because the land ordered together away from W. Rushakama which also has actually an excellent banana plantation and you will EXHP7 since residential property ordered by respondent out of Nshijja .G where it expanded sweet potatoes.

The first parcel (EXHP8) that is located at Nyakihanga try ordered by the petitioner of a-one Bataringaya, EXHP9 is the arrangement into the almost every other lot hence are a gift from Bakasharebwa and you may Kirabo on the respondent and you may already have an effective banana plantation

The fresh petitioner plus testified your couple later on transferred to Kampala and during their stand together with her become coping from inside the selling cars of whose proceeds it ordered a cab which they and additionally sold of and soon after come running a shop. They then bought 6 items of residential property a couple of having houses plus the rest plantations. One to EXHP10 is actually a binding agreement to possess home purchased because of the petitioner away from a single Byangwanye Obed, yet , EXHP11 is for house bought together about pupils of the later Levi Butumanya, EXHP12 since the land ordered as one off Kalumba Faisal with home-based site on Nateete and you will EXHP13 since the proof of property within Kiwatule as one purchased from Kalyegira Adone and you will that has homes and house.

This new petitioner then adduced evidence of a contract (EXHP14) by which the newest respondent handed over a shop inside Ntinda to help you the girl and have now adduced evidence of invoices towards rent she paid for a shop once the EXHP15 (a) and you will (b). She testified that when the brand new respondent was launched out of prison, the guy bankrupt the shop, stacked the majority of merchandize inside it to a truck and you can got these to Rwashamire where he establish some other shop, but after gone the goods to help you Rukungiri. She stated that experience because the theft at Kiira highway Police channel vide SD Ref./2010.

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