Whether the parties keeps matrimonial possessions incase sure, if the petitioner is eligible to a portion about http://datingranking.net/cs/ifnotyounobody-recenze matrimonial assets?
A-try was made in order to identify the term ‘matrimonial property’ by the Lady Justice Esther Kisakye in the case of Rwabinumi Compared to. Bahimbisomwe Civil Notice No. ten off 2009 in which she cited which have recognition happening out of Muwanga Against.
She adduced evidence of photos appearing the new entry of shop new Fuso vehicle upon which the products was basically laden with some of your neighbors seeing the fresh new take action just like the EXHP sixteen (a), (b) and (c)
“matrimonial property is know in a different way from the each person. Often there is property that few made a decision to call household. There is certainly property which might be obtained alone by for each and every spouse just before or just after relationship. Then there is possessions and therefore a partner may hold in faith for the clan. All these will be for me meet the requirements in different ways. The house or property to which for each and every companion will be entitled is that property and therefore activities chose to name home and you may that they as you subscribe”.
With respect to the research towards record, the brand new petitioner testified one on the lady ire Exchange Middle working together given that a household powering a whole income shopping shop and later jointly purchased house regarding a one Hajji Badru Sande which had a property inside it. The fresh arrangement regarding income are adduced in the proof since EXHP1. She further stated that when they relocated to Rukungiri, they bought more bits of property including, property off a single John Kabareebe, (Showcase P2), several other bought by the respondent from John Kabareebe, (Display P3) however another together bought off F. Mugondo where they dependent the fresh new matrimonial family(select Showcase P4). She including displayed images of the home given that EXHP20 and you can invoices of some of the things that she sold in the house given that EXHP21 (a), (b) and you will (c). She in addition adduced EXHP5 as the a binding agreement to have homes bought from the respondent of Mugume Polly on which he’s got a great banana plantation, EXHP6 while the property ordered as you out of W. Rushakama which also keeps a great banana plantation and you can EXHP7 because belongings purchased by respondent from Nshijja .G in which it cultivated sweet carrots.
The original lot (EXHP8) that’s located at Nyakihanga is actually bought by the petitioner regarding a single Bataringaya, EXHP9 ‘s the contract for the other parcel hence are a gift from a single Bakasharebwa and you will Kirabo to your respondent and you will currently possess a good banana plantation
The newest petitioner in addition to testified your few after gone to live in Kampala and you may throughout their sit together already been dealing from inside the attempting to sell vehicles of whose continues they purchased a taxi which they as well as sold away from and soon after become powering a store. They then purchased 6 pieces of residential property a couple of with houses and also the people plantations. You to EXHP10 are a binding agreement to own homes ordered because of the petitioner off a one Byangwanye Obed, yet , EXHP11 is for residential property ordered as you on the college students out of this new late Levi Butumanya, EXHP12 as the residential property purchased as you off Kalumba Faisal that has domestic premise within Nateete and EXHP13 given that proof of land in the Kiwatule together purchased away from Kalyegira Adone and you will that has homes and you will property.
The petitioner next adduced proof of a binding agreement (EXHP14) wherein brand new respondent paid a shop in Ntinda to help you the woman and just have adduced evidence of receipts with the lease she paid for the store because EXHP15 (a) and you will (b). She testified that whenever the fresh new respondent was launched of prison, the guy broke a shop, loaded most of merchandize in it on to a trailer and you can got them to Rwashamire in which the guy establish several other shop, however, later on gone items in order to Rukungiri. She reported that experience as the theft in the Kiira road Police channel vide SD Ref./2010.