Kintu (supra)where Bbosa J seen you to;

Kintu (supra)where Bbosa J seen you to;

Whether or not the parties enjoys matrimonial assets of course, if yes, whether the petitioner is permitted a percentage regarding the matrimonial assets?

A try is made to establish the expression ‘matrimonial property’ of the Lady Fairness Esther Kisakye in the example of Rwabinumi Against. Bahimbisomwe Municipal Attention Zero. ten off 2009 in which she quoted which have approval the case of Muwanga Vs.

The initial lot (EXHP8) which is located at Nyakihanga are bought by petitioner off a-one Bataringaya, EXHP9 is the agreement for the other parcel hence is actually something special in one Bakasharebwa and you will Kirabo into the respondent and you will currently have an excellent banana plantation

“matrimonial home is know in different ways because of the different people. There’s always property that the partners chose to name family. There may be possessions which can be received individually by the for each mate prior to otherwise once matrimony. Then there’s possessions and this a husband get hold in faith into clan. The home that for every single lover will be called is that property which functions chose to call domestic and you may that they as one subscribe”.

All these is to for me meet the requirements in different ways

With respect to the facts on the number, the fresh new petitioner testified that abreast of the woman ire Trade Hub working together once the children powering a whole purchases shopping store and soon after as you ordered home off a single Hajji Badru Sande which had a property inside. The brand new agreement out-of sale was adduced into the evidence because the EXHP1. She after that stated that when they gone to live in Rukungiri, it ordered far more items of property which includes, homes from a one John Kabareebe, (Exhibit P2), various other ordered by respondent out-of John Kabareebe, (Display P3) and yet another together ordered from F. Mugondo in which they founded the fresh matrimonial house(look for Exhibit P4). She along with demonstrated photo of the house while the EXHP20 and you can receipts of a few of the things that she sold in our home due to the fact EXHP21 (a), (b) and you will (c). She on the other hand adduced EXHP5 since a contract for homes bought from the respondent out of Mugume Polly on what he has an effective banana plantation, EXHP6 once the house bought together out-of W. Rushakama which also possess a good banana plantation and you can EXHP7 because the home purchased because of the respondent away from Nshijja .G where they developed sweet carrots.

This new petitioner as well as affirmed that couple later on relocated to Kampala and in their stay together come coping in the offering autos away from whose proceeds it purchased a cab which they along with sold out-of and later come powering a store. Then they purchased 6 pieces of property a couple of having homes therefore the people plantations. That EXHP10 is actually a binding agreement for house ordered by the petitioner off a-one Byangwanye Obed, yet EXHP11 is for belongings bought as you on the children of the fresh late Levi Butumanya, EXHP12 while the residential property purchased jointly of Kalumba Faisal that has residential premises on Nateete and EXHP13 just like the proof of land on Kiwatule as you purchased from Kalyegira Adone and you may which includes land and you may domiciles.

The fresh petitioner then adduced proof of a binding agreement (EXHP14) by which the fresh new respondent paid the store within the Ntinda to this lady as well as have adduced evidence of receipts to your lease she taken care of a shop given that EXHP15 (a) and you can (b). She testified whenever the respondent was launched away from jail, he broke a shop, stacked most of merchandize involved onto a trailer and you may took these to Rwashamire in which he install some other shop, but afterwards moved the goods to help you Rukungiri. She adduced proof of pictures exhibiting the fresh entrance of store new Fuso truck where items was laden up with certain of your locals watching the get it done once the EXHP 16 (a), (b) and you will (c). She reported that event because thieves during the Kiira road Cops channel vide SD Ref./2010.

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