Kintu (supra)where Bbosa J observed you to;

Perhaps the parties have matrimonial possessions of course, if yes, whether or not the petitioner are eligible to a share regarding matrimonial possessions?

A-try was made to help you establish the expression ‘matrimonial property’ because of the Female Justice Esther Kisakye in the example of Rwabinumi Versus. Bahimbisomwe Civil Appeal Zero. ten out of 2009 in which she quoted with recognition your situation away from Muwanga Against.

She adduced evidence of photo exhibiting the newest entry of shop the fresh Fuso vehicle upon which items were laden with some of your locals seeing brand new take action as EXHP 16 (a), (b) and you may (c)

“matrimonial house is know differently of the different people. Almost always there is property that the pair made a decision to name household. There is certainly possessions that may be acquired alone of the per companion just before otherwise shortly after wedding. Then there is assets and therefore a partner can get control trust into clan. All these is in my experience qualify differently. The house that for every single mate might be titled is the fact property and therefore parties decided to label domestic and you can that they as one subscribe to”.

Depending on the proof towards the checklist, the latest petitioner affirmed you to definitely through to the girl ire Change Heart working together given that a family running a whole revenue retail store and soon after together ordered house regarding a-one Hajji Badru Sande which in fact had a home inside it. The new agreement off income try adduced inside facts because EXHP1. She subsequent reported that after they relocated to Rukungiri, they bought so much more items of home which include, land out of a single John Kabareebe, (Display P2), other bought because of the respondent of John Kabareebe, (Showcase P3) and yet several other as you bought out-of F. Mugondo in which they oriented the fresh matrimonial domestic(find Display P4). She together with exhibited photographs of the property because the EXHP20 and you can receipts of a few of the items she sold in the house since the EXHP21 (a), (b) and you can (c). She likewise adduced EXHP5 while the a binding agreement to possess house bought because of the respondent out of Mugume Polly on what he’s got a banana plantation, EXHP6 once the house ordered as you of W. Rushakama that also possess a beneficial banana plantation and you will EXHP7 while the home purchased by respondent off Nshijja .G in which it expanded sweet carrots.

The original lot (EXHP8) which is located at Nyakihanga is actually ordered because of the petitioner regarding a one Bataringaya, EXHP9 is the arrangement into the almost every other piece of land hence are a gift from one Bakasharebwa and you may Kirabo into respondent and you may currently has a beneficial banana plantation

The latest profily feabie com petitioner plus testified that couple later moved to Kampala and throughout their remain together with her been dealing in the attempting to sell automobiles out-of whoever continues it bought a taxi cab that they including marketed regarding and later been running a store. They then purchased six items of house a couple of having house while the other individuals ranches. One EXHP10 are a contract getting residential property bought by the petitioner out of a one Byangwanye Obed, yet , EXHP11 is actually for property bought as one regarding children of the new late Levi Butumanya, EXHP12 as property ordered jointly out of Kalumba Faisal which includes domestic premises during the Nateete and you can EXHP13 as evidence of home within Kiwatule together ordered from Kalyegira Adone and you may which includes land and households.

Brand new petitioner then adduced proof a binding agreement (EXHP14) where the new respondent paid a shop when you look at the Ntinda to the woman and now have adduced proof of invoices towards book she paid for a shop as EXHP15 (a) and (b). She testified whenever the fresh new respondent was launched away from jail, he broke the shop, stacked most of merchandize in it onto a trailer and you can got them to Rwashamire where the guy establish another shop, however, later on gone the goods to help you Rukungiri. She reported that experience since the theft on Kiira road Cops station vide SD Ref./2010.