Kintu (supra)where Bbosa J seen one to;

If the parties provides matrimonial assets and in case yes, if the petitioner is actually eligible to a share on the matrimonial assets?

The initial lot (EXHP8) which is found at Nyakihanga are ordered of the petitioner of a one Bataringaya, EXHP9 is the agreement with the almost every other parcel and that is a gift from 1 Bakasharebwa and Kirabo on the respondent and already enjoys a banana plantation

A try was developed so you can determine the definition of ‘matrimonial property’ from the Female Justice Esther Kisakye regarding Rwabinumi Versus. Bahimbisomwe Civil Attract Zero. ten of 2009 in which she quoted having approval happening regarding Muwanga Vs.

“matrimonial house is know differently by the different people. There is always possessions that pair decided to phone call family. There is assets which can be acquired by themselves from the for every single spouse before otherwise just after wedding. All these is i think qualify differently. The house or property to which per mate can be called is that assets and this events chose to call home and which they together sign up for”.

Then there’s property hence a spouse can get control trust towards clan

With respect to the facts to your checklist, the petitioner testified that through to this lady ire Change Hub working together due to the fact a family running a complete revenue merchandising shop and later as one purchased land of a-one Hajji Badru Sande which had a home on it. The newest arrangement out-of sale try adduced inside the proof as EXHP1. She next reported that once they gone to live in Rukungiri, they purchased alot more pieces of property which include, land regarding a-one John Kabareebe, (Showcase P2), some other purchased of the respondent out-of John Kabareebe, (Display P3) yet several other jointly bought regarding F. Mugondo where they depending the fresh matrimonial house(look for Showcase P4). She in addition to presented photos of the property while the EXHP20 and invoices of some of the items she available in our home because EXHP21 (a), (b) and you can (c). She concurrently adduced EXHP5 since the a binding agreement to have home purchased by the respondent of Mugume Polly about what he’s got an effective banana plantation, EXHP6 because the home bought as you regarding W. Rushakama which also have good banana plantation and you can EXHP7 due to the fact home bought of the respondent of Nshijja .Grams in which it expanded nice carrots.

The fresh new petitioner in addition to affirmed that partners later gone to live in Kampala and during their remain along with her become coping inside the offering trucks out of whose continues they purchased a taxi cab which they in addition to ended up selling away from and later started running a store. Then they ordered 6 items of home a couple of with properties additionally the rest plantations. One to EXHP10 is actually an agreement getting land bought from the petitioner out-of a-one Byangwanye Obed, yet EXHP11 is for homes bought as you regarding college students of this new late Levi Butumanya, EXHP12 just like the homes purchased together out of Kalumba Faisal with home-based premise on Nateete and EXHP13 since the proof home at the Kiwatule as you bought away from Kalyegira Adone and with property and you may house.

New petitioner after that adduced proof of a contract (EXHP14) whereby the newest respondent handed over a shop for the Ntinda so you can the woman and get adduced proof invoices for the book she taken care of the store because EXHP15 (a) and you can (b). She affirmed that when this new respondent premiered out-of prison, the guy bankrupt the store, piled the majority of merchandize involved to a trailer and grabbed them to Rwashamire in which he install another store, however, later on went items to Rukungiri. She adduced evidence of photo demonstrating the fresh entry of the store the Fuso vehicle where the goods were laden up with specific of residents watching the new do so as EXHP 16 (a), (b) and (c). She reported that incident due to the fact thieves in the Kiira roadway Police station vide SD Ref./2010.