Kintu (supra)where Bbosa J noticed one to;

Written by

Kintu (supra)where Bbosa J noticed one to;

Whether or not the people provides matrimonial assets whenever sure, whether or not the petitioner was permitted a share from the matrimonial property?

The original parcel (EXHP8) that’s located at Nyakihanga are purchased because of the petitioner regarding a single Bataringaya, EXHP9 ‘s the contract towards almost every other piece of land hence is actually something special from 1 Bakasharebwa and you will Kirabo with the respondent and you can currently has actually an excellent banana plantation

A try was created to help you define the expression ‘matrimonial property’ from the Women Justice Esther Kisakye regarding Rwabinumi Versus. Bahimbisomwe Civil Attract No. 10 regarding 2009 where she cited which have acceptance possible off Muwanga Vs.

“matrimonial house is knew in another way because of the different people. Almost always there is assets that pair chose to name domestic. There might be property which are obtained alone by the each companion prior to otherwise immediately following marriage. All these is to in my opinion meet the requirements in different ways. The house or property that for each and every mate shall be named is that assets and therefore people decided to telephone call home and which they as you subscribe”.

Then there is assets hence a partner get control faith for the clan

With regards to the facts to your record, brand new petitioner testified one upon her ire Trade Heart working together as the children running a complete sales retail shop and soon after together purchased land regarding a-one Hajji Badru Sande which had a property on it. The fresh new contract from deals is adduced for the research because the EXHP1. She next reported that when they gone to live in Rukungiri, they ordered even more pieces of home including, belongings of a single John Kabareebe, (Showcase P2), various other purchased because of the respondent regarding John Kabareebe, (Display P3) however several other as you ordered regarding F. Mugondo where they established the newest matrimonial family(look for Exhibit P4). She together with showed images of the property given that EXHP20 and you will receipts of a few of the things that she purchased in our home because EXHP21 (a), (b) and you will (c). She at exactly the same time adduced EXHP5 as the an agreement for belongings bought from the respondent from Mugume Polly about what he has an excellent banana plantation, EXHP6 due to the fact belongings bought as one regarding W. Rushakama which also provides a good banana plantation and you may EXHP7 since homes purchased by respondent of Nshijja .Grams where they developed sweet carrots.

The fresh petitioner as well as affirmed your pair later on moved to Kampala and you can throughout their stay along with her become dealing inside selling automobiles of whose proceeds they ordered a cab that they and additionally sold of and soon after started powering a store. Then they purchased six bits of residential property a couple of which have domiciles additionally the people plantations. You to EXHP10 try a contract having belongings bought from the petitioner away from a single Byangwanye Obed, yet , EXHP11 is actually for belongings purchased together throughout the students out of this new later Levi Butumanya, EXHP12 due to the fact house bought jointly off Kalumba Faisal which includes residential premise from the Nateete and you may EXHP13 while the evidence of homes on Kiwatule as one ordered out-of Kalyegira Adone and you may which includes property and properties.

The fresh petitioner further adduced proof a contract (EXHP14) by which the fresh respondent paid the store during the Ntinda to their and also adduced proof receipts on the lease she covered a shop since EXHP15 (a) and you can (b). She testified whenever the brand new respondent was released out of jail, he bankrupt a shop, piled much of merchandize involved on to a trailer and you can took them to Rwashamire in which the guy create various other store, however, after went items so you’re able to Rukungiri. She adduced proof of photo appearing the new entrance of the shop the newest Fuso vehicle where the products was indeed loaded with certain of the locals enjoying the fresh exercise given that EXHP sixteen (a), (b) and (c). She reported that event once the theft in the Kiira street Police route vide SD Ref./2010.

Laisser un commentaire

Votre adresse e-mail ne sera pas publiée. Les champs obligatoires sont indiqués avec *