Whether or not the people have matrimonial possessions of course, if yes, perhaps the petitioner try eligible to a percentage about matrimonial assets?
A go was created so you’re able to explain the definition of ‘matrimonial property’ by the People Justice Esther Kisakye in the example of Rwabinumi Compared to. Bahimbisomwe Municipal Desire No. 10 regarding 2009 where she quoted that have recognition your situation out of Muwanga Against.
“matrimonial home is knew in another way by the differing people. Almost always there is property that few decided to call house. There could be property that may be received individually by for every single mate before or after relationship. Then there’s possessions which a husband may hold in trust with the clan. All these is to in my opinion qualify in another way. The house or property that for every single mate will be titled is the fact property and therefore people chose to phone call home and you can that they together donate to”.
Depending on the evidence towards the listing, the fresh petitioner affirmed one to up on her ire Exchange Hub collaborating since the a family group powering an entire sales merchandising store and later as one ordered home from a one Hajji Badru Sande which had a house in it. Brand new agreement out of income was adduced in evidence as the EXHP1. She next stated that once they transferred to Rukungiri, it purchased so much more items of property which include, home regarding a-one John Kabareebe, (Showcase P2), other bought from the respondent of John Kabareebe, (Exhibit P3) however various other jointly ordered away from F. Mugondo where it dependent the matrimonial household(come across Display P4). She plus exhibited pictures of the home due to the fact EXHP20 and invoices of some of the items she purchased in our home as the EXHP21 (a), (b) and you can (c). She on top of that adduced EXHP5 due to the fact a contract getting land purchased by the respondent away from Mugume Polly about what he’s an excellent banana plantation, EXHP6 because house ordered as you off W. Rushakama that also has good banana plantation and you may EXHP7 because homes purchased by respondent regarding Nshijja .Grams in which they developed sweet carrots.
Brand new petitioner along with testified that the couples afterwards moved to Kampala and in their remain with her started dealing during the promoting vehicles out-of whose continues they ordered a taxi cab which they including sold regarding and soon after started powering a store. They then purchased 6 pieces of homes a couple of that have houses and the other people ranches. You to definitely EXHP10 is an agreement getting belongings purchased because of the petitioner regarding a one Byangwanye Obed, but really EXHP11 is for property bought together about students off the brand new late Levi Butumanya, EXHP12 due to the fact house purchased together away from Kalumba Faisal which includes home-based premise within Nateete and EXHP13 while the proof residential property during the Kiwatule together bought out-of Kalyegira Adone and you may which includes residential property and you will house.
Brand new petitioner next adduced proof a contract (EXHP14) by which the fresh new respondent paid a shop for the Ntinda to her and just have adduced proof receipts into rent she paid for the store given that EXHP15 (a) and (b). She affirmed whenever the respondent was launched out of jail, he broke a shop, stacked the majority of merchandize inside it to a trailer and you may got them to Rwashamire where he arranged several other store, however, after gone the goods so you’re able to Rukungiri. She reported that incident as thieves within Kiira road Cops station vide SD Ref./2010.