If the parties keeps matrimonial property assuming sure, perhaps the petitioner is eligible to a percentage on matrimonial possessions?
A-try was developed to establish the word ‘matrimonial property’ by the Ladies Justice Esther Kisakye in the example of Rwabinumi Vs. Bahimbisomwe Civil Appeal No. 10 away from 2009 where she quoted that have acceptance the case away from Muwanga Versus.
“matrimonial property is knew differently of the differing people. Often there is possessions that couple chose to name domestic. There could be possessions which are gotten by themselves of the each partner just before or immediately following matrimony. Then there’s possessions and therefore a husband could possibly get control believe toward clan. Each one of these would be to if you ask me qualify in different ways. The property that for each and every lover shall be titled is the fact property which events made a decision to phone call family and you will which they together sign up for”.
Depending on the research to your record, the fresh petitioner testified you to through to their ire Change Heart working together while the a household powering a complete deals shopping store and soon after as one ordered property regarding a-one Hajji Badru Sande which had a house on it. The agreement off income is actually adduced inside the proof given that EXHP1. She further stated that when they gone to live in Rukungiri, it ordered far more items of home which include, property out of a single John Kabareebe, (Showcase P2), other purchased by the respondent out of John Kabareebe, (Showcase P3) however various other together ordered from F. Mugondo where it created the new matrimonial house(discover Display P4). She also shown photographs of the home as the EXHP20 and invoices of a few of the items she sold in our house since the EXHP21 (a), (b) and (c). She at the same time adduced EXHP5 since the an agreement to possess homes ordered from the respondent from Mugume Polly on what he’s a beneficial banana plantation, EXHP6 since the homes purchased as you away from W. Rushakama that also provides a great banana plantation and you can EXHP7 since the belongings bought of the respondent from Nshijja .Grams in which it grown sweet carrots.
The petitioner together with affirmed that the couple afterwards moved to Kampala co je aisle and you can throughout their remain together with her been dealing inside offering autos regarding whoever continues it ordered a taxi which they and marketed from and later started powering a store. Then they purchased 6 bits of home two of having houses as well as the other individuals ranches. You to EXHP10 is actually a contract for homes bought by the petitioner out-of a-one Byangwanye Obed, yet , EXHP11 is for home bought together regarding pupils of new later Levi Butumanya, EXHP12 since belongings bought jointly off Kalumba Faisal which includes domestic premises on Nateete and you will EXHP13 just like the evidence of homes within Kiwatule together bought out-of Kalyegira Adone and you may which includes residential property and you will homes.
The petitioner subsequent adduced proof a binding agreement (EXHP14) in which the newest respondent paid a shop from inside the Ntinda to the woman and possess adduced proof of receipts to your lease she covered the store since EXHP15 (a) and you may (b). She testified that whenever the brand new respondent was released of prison, he broke the shop, loaded most of merchandize with it onto a trailer and you will got these to Rwashamire in which the guy arranged some other store, but later on went the goods to help you Rukungiri. She reported that event since thieves at Kiira street Police channel vide SD Ref./2010.