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Kintu (supra)where Bbosa J seen that;

Kintu (supra)where Bbosa J seen that;

Perhaps the functions have matrimonial property just in case sure, if the petitioner are permitted a portion throughout the matrimonial possessions?

A try was created so you can explain the expression ‘matrimonial property’ by Female Fairness Esther Kisakye when it comes to Rwabinumi Versus. Bahimbisomwe Municipal Attract Zero. 10 from 2009 in which she quoted which have approval happening off Muwanga Against.

She adduced proof photos appearing the newest entrance of one’s shop the brand new Fuso truck upon which items have been laden with specific of your neighbors enjoying the fresh exercise since EXHP 16 (a), (b) and you may (c)

“matrimonial house is understood in another way by each person. There’s always assets that the couples made a decision to phone call home. There can be assets that may be acquired on their own from the for each companion just before or immediately following marriage. Then there’s possessions hence a spouse could possibly get hold in trust to the clan. Each one of these would be to in my view meet the requirements in a different way. The home that for each and every lover should be called would be the fact assets which people made a decision to phone call family and which they as you join”.

Depending on the research into record, the petitioner testified one to through to her ire Trade Middle collaborating just like the children powering a complete product sales shopping shop and soon after together purchased residential property out of a-one Hajji Badru Sande which in fact had a house on it. The newest agreement away from sale are adduced when you look at the evidence because the EXHP1. She further reported that once they gone to live in Rukungiri, they ordered so much more bits of home which include, home of a-one John Kabareebe, (Display P2), some other bought because of the respondent off John Kabareebe, (Exhibit P3) but several other together bought from F. Mugondo in which they depending brand new matrimonial home(see Display P4). She and additionally presented photos of the property just like the EXHP20 and you will invoices of some of the items she bought in our house as EXHP21 (a), (b) and you can (c). She concurrently adduced EXHP5 given that a contract to own property purchased of the respondent out-of Mugume Polly on what they have a great banana plantation, EXHP6 since the homes purchased together out of W. Rushakama that can has a great banana plantation and EXHP7 because house bought by respondent regarding Nshijja .G in which they developed sweet carrots.

The initial lot (EXHP8) which is found at Nyakihanga is purchased of the petitioner out-of a one Bataringaya, EXHP9 is the arrangement on almost every other lot and this is actually something special from 1 Bakasharebwa and Kirabo on respondent and you may already possess good banana plantation

New petitioner also affirmed your couples after moved to Kampala and you will throughout their sit together already been dealing during the offering automobiles regarding whose proceeds it bought a cab that they and additionally sold out-of and soon after come running a store. They then purchased 6 pieces of belongings two of having domiciles and the others plantations. You to definitely EXHP10 is actually a contract to have belongings purchased from the petitioner away from a one Byangwanye Obed, but really EXHP11 is actually for residential property purchased jointly in the youngsters off new later Levi Butumanya, EXHP12 since the belongings purchased as one regarding Kalumba Faisal that has domestic premise in the Nateete and you will EXHP13 due to the fact proof property at the Kiwatule jointly purchased away from Kalyegira Adone and which includes residential property and you may domiciles.

The latest petitioner then adduced evidence of an agreement (EXHP14) by which new respondent handed over the store within the Ntinda to their and now have adduced proof receipts into rent she taken care of the shop while the EXHP15 (a) and you may (b). She testified whenever new respondent was released of prison, the guy bankrupt a shop, stacked the majority of merchandize with it on to a trailer and you may took these to Rwashamire where the guy install other store, however, later on moved items to Rukungiri. She stated that experience while the thieves in the Kiira highway Police station vide SD Ref./2010.

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