THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT NAKAWA

(LAND DIVISION)
MISCELLANEOUS APPLICATION NOOF 2008
(ARISING FROM MISCELLANEOUS APLICATION NO. OF 2008)
(ARISING FROM CIVIL SUIT NO. OF 2008)
LIVINGSTONE BWETEPLAINTIFF
VERSUS
1. CHRISTOPHER COLUMBAS SERUNJOGI
]
2. THE ADMINISTRATOR GENERAL
]
3. MAUREEN KIYINGI (Holder of Power of Attorney of Late]DEFENDANTS
Paul Katula Kyeyune)
]
4. THE COMMISSIONER OF LANDS/
]
THE CHIEF REGISTRAR OF TITLES
NOTICE OF MOTION
[Under S. 98 of the C.P.A, Cap 71 & Order O. 52 rr. 1, 2 & 3 of the Civil Procedure Rules]
TAKE NOTICE that on the __________ day of ________________ 2008 at _________ oclock in the
morning/afternoon or as soon after as Counsel for the Applicant shall be heard, this Court will be moved for
orders that:a) an interim order doth issue restraining the plaintiff, their transferees, servants, assignees,
successors in title or any person claiming under a similar interest to that of the plaintiff from selling
the dispute land, constructing any building or making any further developments, or taking any other
actions that may interfere with the Applicants enjoyment of the dispute land until the main suit is
heard and finally disposed of;
b). The costs of and incidental to this Application abide the result of the application.
TAKE NOTICE that the grounds of this application are set out in the Affidavit of MAUREEN KIYINGI
attached hereto which shall be read and relied on at the hearing but briefly they are stated as hereunder:
(i)

The 3rd Defendants/Applicants is a holder of the power of Attorney from the Administrators
of the estate of the late Paul Katula Kyeyune who was the registered proprietor of the
lands formerly comprised in Plot 3 Block 215 Kibuga Kulambiro, Kampala against the
respondents which is pending before this Honourable Court seeking orders inter alia, the
Plaintiffs suit be dismissed with costs.

(ii)

The Plaintiffs have initiated a process of unlawfully and illegally encroaching and
destroying the suit property when it does not rightfully belong to them, which actions are
continuous and the Applicants may fail to evict the respondents if they continue to alienate
and develop the said property.

(iii)

The Plaintiff who is the respondent in this application is changing the use of the land in
dispute which will cause the Defendants also the Applicants in this Application to suffer
irreparable damage.

(iv)

That if the Plaintiff / Respondents is not restrained from further interference with the suit
property, the Applicants / Defendants are bound to suffer irreparable loss, damages, injury
and inconvenience which cannot be atoned for by way of pecuniary damages.

(v)

The Defendants/Applicants defence to the main suit shall be rendered nugatory if a

temporary injunction to maintain the status quo is not issued.

(vi)

It is only just, fair and equitable that an order for a temporary injunction is granted.

Dated this.day of.2008.

Given under my hand and seal of this Court thisday of2008
______________________________
REGISTRAR
This Summons are taken out by M/s Katende, Ssempebwa and Company Advocates.
DRAWN AND FILE D BY:
Katende, Ssempebwa & Co.
Advocates, Solicitors & Legal Consultants
P.O. Box 2344
KAMPALA
ICL
Dated at Kampala this..day of..2008

_________________________________________
COUNSEL FOR THE THIRD DEFENDANT

Lodged in the Registry thisday of2008

__________________________
REGISTRAR
Drawn and Filed by:
Katende Ssempebwa & Co.
Advocates, Solicitors and Legal Consultants
P.O. Box 2344
KAMPALA
ICL

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT NAKAWA
(LAND DIVISION)
MISCELLANEOUS APPLICATION NOOF 2008
(ARISING FROM MISCELLANEOUS APLICATION NO. OF 2008)
(ARISING FROM CIVIL SUIT NO. OF 2008)
LIVINGSTONE BWETEPLAINTIFF
VERSUS
1. CHRISTOPHER COLUMBAS SERUNJOGI
]
2. THE ADMINISTRATOR GENERAL
]
3. MAUREEN KIYINGI (Holder of Power of Attorney of Late]DEFENDANTS
Paul Katula Kyeyune)
]
4. THE COMMISSIONER OF LANDS/
]
THE CHIEF REGISTRAR OF TITLES
AFFIDAVIT IN SUPPORT OF THE NOTICE OF MOTION
I, MAUREEN KIYINGI of C/O M/s Katende, Ssempebwa and Company Advocates P.O. Box 2344 Kampala
do hereby solemnly swear and state as hereunder:
1)
2)

THAT I am a female adult Ugandan of sound mind of the above address and the first applicant
herein and I swear this affidavit in that behalf.
THAT I am a Holder of Power of Attorney of late Paul Katula Kyeyune registered proprietor
of the lands comprised Plot 3 Block 215 Kibuga Kulambiro, Kampala (A photo copy of the said
power of Attorney is hereto attached and marked as Annexture A1)

3)

THAT said land was initially owned by Yoweri Kanyike and then transferred into the name of
the first Defendant in 1957 and thereafter transferred into the name of Francis Kyeyune in
1995.

4)

THAT that Mr. Francis Kyeyune lawfully obtained the legal interest of the land at Kyadondo
Block 215 Plot 3.

5)

THAT the third Defendant shall aver that the said Yoweri Kanyike sold the land to the first
defendant vide Instrument No.KLA 12369 of 3/12/1957 later to be known as Plot 3 at
Kulambiro measuring approximately 2.10 acres for the consideration of One Thousand and
Three Hundred Shillings (Photocopies of the transfer form, certificate of title and an affidavit
sworn by the Registrar of titles are annexed hereto and marked as Annexture A, Annexture B
and Annexture C respectively).

6)

THAT first defendant legally sold the land to Francis Kyeyune deceased vide Instrument
No.KLA 172796 dated 27th April 1995 under new reference Kyadondo Block 215 Plot 3
Kulambiro. (Photocopies of the certificate of title, affidavit sworn by the Registrar of Titles, a
transfer and consent are annexed hereto and marked as Annexture B, Annexture C,
Annexture D and Annexture E respectively).

7)

THAT I am informed by my lawyer Mr. Fredrick Sentomero and I verily believe the same to be
true that I am lawfully entitled to the land in dispute by virtue of our being the lawful
administrators of the estate as well as the intended beneficiaries.

8)

THAT my co-applicants and I filed a defence to suit 1000 0f 2004 so as to protect deceaseds
interests, which defence has high chances of success and our defence shall be rendered
nugatory if a temporary injunction is not issued restraining the Plaintiff / respondents from
evicting us and/or demolishing and destroying our developments on the suit land.

9)

THAT further if the temporary injunction applied for is not issued restraining the Plaintiffs
/respondents activities on the suit land, we shall suffer irreparable loss and injury which cannot
be atoned for by way of pecuniary damages.

10)

THAT the Applicants will be more inconvenienced than the respondent if the temporary
injunction is not granted.

11)

THAT I swear this Affidavit in support of an application for a temporary injunction restraining the
Plaintiffs /respondents, their servants or agents from evicting us from the land formerly
comprised in the said land.

12)

THAT whatever is stated herein is true to the best of my knowledge and belief save for what is
stated in Paragraph 5, which is true to the best of information obtained from the source
disclosed therein.

DATED at Kampala thisday of2008.

SWORN BY the said
MAUREEN KIYINGI

]
].
DEPONENT

BEFORE ME

..
COMMISSIONER FOR OATHS
DRAWN AND FILED BY:
Messrs Katende, Ssempebwa & Co.
Advocates, Solicitors & Legal Consultants
Plot 20 Radiant House, Kampala Road
P.O. Box 2344
KAMPALA
ICL

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT NAKAWA
(LAND DIVISION)
MISCELLANEOUS APPLICATION NOOF 2008
(ARISING FROM MISCELLANEOUS APLICATION NO. OF 2008)
(ARISING FROM CIVIL SUIT NO. OF 2008)
LIVINGSTONE BWETEPLAINTIFF
VERSUS
1. CHRISTOPHER COLUMBAS SERUNJOGI
]
2. THE ADMINISTRATOR GENERAL
]
3. MAUREEN KIYINGI (Holder of Power of Attorney of Late]DEFENDANTS
Paul Katula Kyeyune)
]
4. THE COMMISSIONER OF LANDS/
]
THE CHIEF REGISTRAR OF TITLES
SUMMARY OF EVIDENCE
That the Applicant shall produce evidence to show that;
THAT my co-applicants and I filed a defence to suit 1000 0f 2004 so as to protect deceaseds interests,
which defence has high chances of success and our defence shall be rendered nugatory if an interim order
pending the temporary injunction is not issued restraining the Plaintiff / respondents from evicting us and/or
demolishing and destroying our developments on the suit land.
LIST OF WITNESSES:
1.
2.

The Applicant
Any other with leave of Court.

LIST OF DOCUMENTS

1. Annextures to the Application

2. Any other with leave of the Court.

LIST OF AUTHORITIES:
1.

Civil Procedure Act cap 71

2.

Civil Procedure Rules S.I. 71 1.

3.

Judicature Act.

4.

the Land Act

DATED at Kampala thisday of.2008.

__________________________________
COUNSEL FOR THE APPLICANT
Drawn and Filed by
Messrs. Katende, Ssempebwa and Company
Advocates, Solicitors and Legal Consultants
P. O. Box 2344
KAMPALA
ICL