THE UGANDA PENTECOSTAL UNIVERSITY

“Fortes Et Libre”

FACULTY OF LAW

FIRM NO. 5 PRESENTATION ON NOTICE OF INTENTION TO SUE.

NAME REG.NO

AGUMYA JUNIOR U/2020/LLB/046/D

TUSIIME VANESA U/2020/LLB/190/D

AMUMPAIRE COLLINS U/2020/LLB/033/D

BIRUNGI NEVIOUS U/2020/LLB/055/D

BLAIR PIUS U/2020/LLB/099/D

IKIRIZA ANISHA U/2020/LLB/014/D

AUMA PATRICIA U/2020/LLB /O29/D

NAGABA RHINAH U/20202/LLB/149/D

KUSINGURA IGNATIUS U/2020/LLB/013/D

AMPAIRE DAPHINE U/2020/LLB/050/D

YEAR 2022

COURSE UNIT CIVIL PROCEDURE

LECTURE’ S NAME PROF AKONYA KEVIN

ACCADEMIC YEAR 2022/2023

PRESENTATION DATE 23rd September 2023

QUESTION: A week has elapsed after the above advice under D, Daphine is back to the firm. She
instructs the firm to prepare the first document to be served upon Wandera and the hope that
Wandera surrenders her land back. She wants to go to court but only if Wandera becomes defiant.
Proceed and prepare the said legal document, the said document is to be signed by the pupil master.
 NOTICE OF INTENTION TO SUE
It is a good practice to issue a notice of intention to sue the intending defendant before instituting a suit
against him or her. Thus this gives them the opportunity to have the matter settled amicably for fear of the
consequences of costs if it proceeds to court.

Equally the would be plaintiff in some circumstances have ended up withdrawing their intentions upon
the reply to their letter and knowledge that they do not have a cause of action in fear that if they proceed
with the matter, they would end up losing the case and paying dearly.

In the case of WAMBUGU V PUBLIC SERVICE COMMISSION [1972] EA 291. It was held that if
notice is not given, this could prejudice the position of the defendant in as much as he might wish to settle
or admit liability and avoid court action. The court in this case went on to say that notice of intention to
sue should be given in all cases unless the plaintiff‘s interests are likely to be harmed by it.

Thus also nothing stops the parties from an out of court settlement when the matter is already in
court ,though this should not be compulsory as noted in the case of CALTON DOUGLAS KASIRYE
VS SHEENA AHUMUZA BAGEINE AKA TASHA MISCELLANEOUS APPLICATION
N0.150/2020 here justice B Wamala laid a precedent that to the decision inter alia that the Alternative
Dispute Resolution was not a compulsory procedure to be taken by parties which reversed the provision
of O.12r2 of the Civil Procedure Rules where ADR was seen as a compulsory item.

Going to court should thus be the last resort, even if one decides; he needs to serve a demand letter lest he
misses out on costs once he files his pleadings minus the same. Hence “if the plaintiff in any action has
not given the defendant a notice of his or her intention to sue, and the defendant pays the amount claimed
or found due at or before the first hearing, no advocate’s costs shall be allowed except on an order of the
judge or magistrate”. (This is under Rule 39 of the Advocates (Remuneration and Taxation of Costs)
Rules SI267-4).

The following are the contents of a notice of intention to sue,

a). A brief summary of the facts leading to the cause of action.
b). Demand (what the would-be plaintiff seeks from the would-be defendant).
c). Time frame(period of time within which the would-be defendant should have
responded to the demands of the would-be plaintiff).
d). Consequences for failure to meet the demands of the would-be plaintiff by the
would-be defendant.
e). Conclusion.
Also after a conclusion a strong warning should be given to the would-be defendant to show the
seriousness of the intending plaintiff in the matter.
It should be signed by the intending plaintiff’s advocate.
So class the first document which the firm has to prepare, have it signed by her pupil master and serve to
Wandera is a Notice of intention to sue.

EMMA AND FARAH CO. ADVOCATES

Our Ref: EMMA AND FARAH CO. ADVOCATES. DATE: 23RD
September,2023.
PLOT 249, BOINER STREET,
P.0 BOX 211, FORTPORTAL CITY.

You’re Ref_________________

To: Wandera.

RE: DEMAND NOTICE CUM NOTICE OF INTENTION TO SUE

OUR CLIENT: DAPHINE.

The above matter refers;

We are under the instructions from our client above client to address you hereunder;

That on the 12th day of August 2011 she entered into a sale agreement leading into the
purchase of land 500 Acres Block 172 Plot 5situate in Namanve.

That upon the said purchase, transfers were undertaken leading into the registration of
the said purchased piece of land into her names.

That upon the said registration, a title deed was subsequently issued as a principle proof
of ownership of the purchased land.

That the said purchase was preceded by the required due diligence for purposes of
confirming the existence of the subject.

That after the said purchase, registration and alterance of the title deed, she left for USA
where she spent 11years.

That she returned to Uganda after 11 years with the aim of developing her land but she
was shocked to find out that the portion of the land was under the possession of you.

That she there and then to meet you reprimanded you demanded a vacant possession of
her property.

That she was immediately arrested and detained under your orders only to be released
under the orders of the DPC upon discovery that the matter in issue falls squarely under
civil jurisdiction.

OUR INSTRUCTIONS are to demand from you;

 That you vacate the said land 500 Acres block 172 Plot 5 situate in Namanve.

That you compensate our client for loss of user and reinstatement of all the
developments in their original form for a sum of UG shs. 550,000,000 (five hundred fifty millions
shillings).

That you equally pay a sum of UG shs. 150,000,000 (one hundred fifty million shillings)
as cost of our advocate legal fees and as part for drafting this demand letter.

TAKE NOTICE THAT unless you respond personally to our above mentioned demands
within 10 days from the receipt of this notice, legal actions will be commenced against
you to your detriment, peril and colossal cost.

TAKE FURTER NOTICE THAT any further subsequent correspondence concerning

this matter in issue be done with you in our herein address.

STAND DULLY WARNED!

Yours faithfully;
FOR, AMBIKIRE & CO. ADVOCATES.
_____________________________
_____________________________
ADVOCATE

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