Kintu (supra)where Bbosa J seen one to;

Whether the activities has matrimonial assets and when yes, whether or not the petitioner are permitted a portion from the matrimonial possessions?

The first parcel (EXHP8) which is located at Nyakihanga try purchased of the petitioner of a one Bataringaya, EXHP9 is the agreement with the other piece of land hence is a gift from Bakasharebwa and you can Kirabo on respondent and already enjoys good banana plantation

A try was developed so you can establish the term ‘matrimonial property’ by Women Justice Esther Kisakye in the example of Rwabinumi Versus. Bahimbisomwe Civil Attention Zero. ten away from 2009 where she quoted that have approval the outcome off Muwanga Compared to.

“matrimonial property is know in a different way from the differing people. There’s always assets that the couples made a decision to telephone call family. There can be possessions which might be gotten on their own from the per lover ahead of or shortly after relationship. All these is in my opinion be considered in a different way. The house that for each partner can be entitled is the fact possessions and therefore people chose to call home and you will that they as you sign up to”.

Then there is assets and therefore a husband may control believe on clan

According to the facts for the checklist, the new petitioner testified you to definitely abreast of her ire Exchange Hub working together while the a household powering an entire revenue shopping store and later together ordered residential property from a single Hajji Badru Sande which in fact had a property on it. The brand new arrangement regarding sales is adduced within the research just like the EXHP1. She further reported that once they relocated to Rukungiri, it bought even more pieces of land including, belongings regarding a-one John Kabareebe, (Showcase P2), other ordered by respondent out-of John Kabareebe, (Showcase P3) but various other jointly purchased from F. Mugondo in which it based the latest matrimonial home(look for Exhibit P4). She as well as demonstrated photographs of the house since the EXHP20 and you can receipts of some of the items she available in the house because EXHP21 (a), (b) and (c). She in addition adduced EXHP5 just like the a binding agreement getting land bought because of the respondent out of Mugume Polly on what he’s got a good banana plantation, EXHP6 just like the homes ordered as one regarding W. Rushakama which also keeps good banana plantation and EXHP7 due to the fact belongings ordered because of the respondent regarding Nshijja .G in which it grown sweet carrots.

The petitioner together with affirmed your couples afterwards moved to Kampala and you may in their stay along with her been coping during the offering automobiles regarding whose proceeds they ordered a taxi which they in addition to offered off and soon after been running a store. Then they ordered six items of belongings two of that have house as well as the others ranches. You to EXHP10 was an agreement having belongings ordered of the petitioner out of a single Byangwanye Obed, but really EXHP11 is for property purchased together regarding students from the fresh new late Levi Butumanya, EXHP12 once the property ordered jointly of Kalumba Faisal with home-based site in the Nateete and you will EXHP13 because proof of residential property on Kiwatule as one bought away from Kalyegira Adone and you can with belongings and you may house.

The brand new petitioner further adduced evidence of a binding agreement (EXHP14) in which the newest respondent handed over a shop inside Ntinda so you can her and have adduced proof of invoices towards the book she purchased the store given that EXHP15 (a) and you may (b). She affirmed that whenever the newest respondent premiered from jail, he broke the store, loaded most of merchandize inside it to a trailer and took them to Rwashamire in which the guy establish some other store, but later on went items in order to Rukungiri. She adduced evidence of photo showing the brand new entry of one’s shop the Fuso truck where items have been laden up with certain of your own residents viewing the fresh new do so since the EXHP sixteen (a), (b) and (c). She stated that event as the theft at Kiira highway Cops station vide SD Ref./2010.