Whether or not the parties enjoys matrimonial possessions and when yes, perhaps the petitioner try entitled to a percentage on matrimonial property?
An attempt was created to define the word ‘matrimonial property’ because of the Lady Justice Esther Kisakye regarding Rwabinumi Vs. Bahimbisomwe Civil Notice Zero. ten out of 2009 in which she quoted that have recognition the actual situation out of Muwanga Against.
“matrimonial property is understood differently by different people. There is always property that your couple made a decision to phone call home. There might be possessions that is certainly received separately by for each lover ahead of otherwise after marriage. Then there’s possessions which a partner will get hold in trust towards clan. Each of these is if you ask me be considered in a different way. The property that each partner are going to be titled is the fact assets and this parties chose to label household and you will which they as you donate to”.
With respect to the research with the list, the new petitioner testified that through to their ire Exchange Heart working together since the a household powering a complete revenue merchandising shop and later together ordered residential property out of a-one Hajji Badru Sande which had a property with it. The new agreement of selling is adduced inside facts as EXHP1. She subsequent reported that when they gone to live in Rukungiri, it purchased a lot more items of home which includes, property out-of a one John Kabareebe, (Exhibit P2), other bought because of the respondent from John Kabareebe, (Showcase P3) and yet some other together ordered out-of F. Mugondo in which it built brand new matrimonial home(see Exhibit P4). She also demonstrated images of the house while the EXHP20 and you may receipts of a few of the things that she available in the house as EXHP21 (a), (b) and you may (c). She at the same time adduced EXHP5 as an agreement for land purchased of the respondent regarding Mugume Polly on what he’s got good banana plantation, EXHP6 due to the fact property bought as you out-of W. Rushakama which also features an excellent banana plantation and EXHP7 since the property ordered from the respondent away from Nshijja .G where they grown nice potatoes.
Brand new petitioner together with affirmed your few later moved to Kampala and throughout their stand along with her datingranking.net/cs/scruff-recenze started dealing within the selling vehicles off whose proceeds it ordered a cab that they plus offered from and soon after come running a store. Then they purchased 6 pieces of residential property a couple of with households additionally the other individuals plantations. You to definitely EXHP10 is a contract to possess belongings purchased from the petitioner regarding a-one Byangwanye Obed, yet EXHP11 is for belongings purchased as one regarding the pupils away from the fresh new late Levi Butumanya, EXHP12 since the property ordered jointly from Kalumba Faisal which includes home-based premise in the Nateete and you will EXHP13 given that proof of house during the Kiwatule jointly bought from Kalyegira Adone and which has belongings and households.
The newest petitioner further adduced proof of an agreement (EXHP14) by which the respondent handed over the shop inside the Ntinda to the lady while having adduced evidence of receipts to your lease she purchased the shop given that EXHP15 (a) and (b). She testified that after the new respondent was launched regarding prison, he bankrupt the store, piled a lot of merchandize inside it on to a truck and took these to Rwashamire in which the guy developed other shop, however, later on went items so you’re able to Rukungiri. She stated that experience just like the theft at Kiira path Police channel vide SD Ref./2010.