Whether or not the events possess matrimonial possessions and if yes, whether the petitioner are permitted a share on the matrimonial property?
A try was developed to identify the definition of ‘matrimonial property’ from the Lady Justice Esther Kisakye in the example of Rwabinumi Vs. Bahimbisomwe Civil Attract No. ten regarding 2009 in which she quoted with acceptance the scenario out of Muwanga Vs.
“matrimonial house is know in another way of the different people. Often there is property which the partners decided to name home. There can be possessions which are acquired on their own by the each mate prior to or after relationship. Then there’s assets and therefore a husband can get control faith to your clan. All these will be i think meet the requirements differently. The property to which each mate shall be called is that possessions and therefore functions decided to telephone call domestic and which they jointly sign up for”.
According to evidence toward list, brand new petitioner testified one abreast of her ire Trading Heart collaborating because the a family group powering an entire product sales retail shop and later as one purchased land off a one Hajji Badru Sande which had a house involved. The newest agreement out of product sales try adduced in the facts since the EXHP1. She further reported that after they relocated to Rukungiri, it ordered more bits of homes including, house from a-one John Kabareebe, (Display P2), other bought because of the respondent regarding John Kabareebe, (Display P3) and yet another as one ordered off F. Mugondo where it founded brand new matrimonial house(see Exhibit P4). She and showed photos of the property while the EXHP20 and invoices of some of the items she purchased in our house as the EXHP21 (a), (b) and you may (c). She additionally adduced EXHP5 as the a binding agreement getting house purchased by the respondent off Mugume Polly on which he’s got a beneficial banana plantation, EXHP6 given that property purchased jointly regarding W. Rushakama that also features a beneficial banana plantation and you can EXHP7 as home ordered of the respondent off Nshijja .G in which it cultivated nice carrots.
The fresh new petitioner including affirmed that the couple afterwards transferred to Kampala and during their remain along with her started dealing into the attempting to sell vehicles regarding whoever continues they purchased a taxi cab that they plus marketed from and later already been running a store. Then they ordered 6 bits of house two of with homes as well as the rest ranches. You to definitely EXHP10 try a binding agreement to own belongings purchased by petitioner from a-one Byangwanye Obed, yet , EXHP11 is for homes bought as you regarding youngsters from the latest later Levi Butumanya, EXHP12 because home ordered as one out-of Kalumba Faisal with home-based premises in the Nateete and you will EXHP13 due to the fact proof house within Kiwatule as you purchased away from Kalyegira Adone and which has house and house.
The new petitioner further adduced proof of an agreement (EXHP14) by which the newest respondent handed over a shop during the Ntinda to help you the woman and get adduced proof of receipts for the rent she paid for a shop due to the fact EXHP15 (a) and you can (b). She testified that whenever the newest respondent was released regarding prison, the guy broke the store, loaded much of merchandize on it on to a truck and you will took them to Rwashamire where he create some other store, however, later went the goods in order to Rukungiri. She stated that incident as the thieves in the Kiira roadway Police channel vide SD Ref./2010.