Tahira Kanwal-1

THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT IGANGA

MISCELLANEOUS APPLICATION………..OF 2024
(ARISING FROM LAND CIVIL SUIT NO. 050 OF 2024)
1. KAKAIRE STEPHEN
2. BAZIGU WAISWA
3. WALUJO CHARLES
4. MUWANGUZI RICHARD
5. KAKULUBA
HALID ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::AP
PLICANTS
VRS
1. TAHIRA KANWAL
2. ABDUL GHANI
3. MUSA KISAMBIRA
4. THE REGISTRAR OF TITLES
JINJA:::::::::::::::::::::::::::::::::::::::::::RESPONDENTS
AFFIDAVIT IN REPLY TO CHAMBER SUMMONS
I, TAHIRA KANWAL C/O M/S Dhakaba & Nkuutu Co. Advocates plot 12
Oboja road Jinja do hereby affirm and state as follows;
1. That I am a female adult Ugandan of sound mind, the 1 st

respondent herein and I affirm unto this affidavit in that capacity
on my behalf and on behalf of the 3rd respondent.
2. That the chamber summons and supporting affidavit of the

applicant sworn by TAHIRA KANWAL have been read and
explained to me by my lawyer M/s Dhakaba & Nkuutu Co
Advocates and I do swear this affidavit in reply/rebuttal to all the
allegations therein.
3. That I am informed by my lawyers M/s Dhakaba & Nkuutu Co

Advocates which information I verily believe to be true that this
application is misconceived and baseless considering the fact
that the supporting affidavit thereof is full of falsehoods and
ought to be struck out with costs to the respondents.
4. That I am further informed by my said lawyers that this

application is improperly filed before this honourable court and
ought to be struck out as it lacks a summary of evidence and
appoint of law shall be raised to that effect.
5. That this application is just intended to deprive the 2 nd respondent
and I from enjoying our quiet possession and use of the suit land.
6. That this Application is incompetent and unsustainable before this

court considering the fact that the Applicants herein do not have
locus and a preliminary objection shall be raised to that effect to
have the same dismisses.
7. That I wish to categorically state that, the applicants have never

been in possession of any part of the suit land and the alleged
purchase of their respective portions of the same is un known to
me.
8. That I am the former owner the suit land after having acquired
the same by purchase from a one Jamil and I obtained a title
certificate vide” FRV JJA 319 FOLIO 16”. A copy of the title is
hereto attached and marked “A”.
9. That after purchase of the said land, I took immediate possession

by carrying out forestry activities/ tree planting and I am still in
active possession and use of the same, harvesting my trees
thereon.
10. That however, I sold and transferred the suit land to the 2 nd
respondent who shall take possession of the same after the
harvesting of my trees.
11. That in specific reply to paragraph 10 of the Affidavit in reply, I

firmly state that I am in active possession of the suit land and the
Applicants have never occupied any part of the said land up to
date.
12. That before purchase of the said land, I carried out due diligence
and indeed confirmed the land was free from any encumbrances
and I have since been in quiet possession of the same without
any interference or any third party claims whatsoever from any
one.
13. The Applicants’ allegations f tress pass are misconceived since

the suit land is currently under possession and use by the
respondents 3rd respondent.
14. That the 3rd respondent has never trespassed on the suit land
since he legally acting in my powers and all his activities are
premised on our forestry activities being carried out on the said
land.
15. That I legally complied and followed the required procedure

while processing and obtaining the said title certificate for the
said land and there has never been any form of committed during
the execution of the above transactions as alleged by the
Applicants.
16. The Applicants do not hold any interests in the suit land since
the same has already been passed to the 2nd respondent.
17. That I am further informed by my lawyers M/s Dhakaba &

Nkuutu Co. Advocates which information I verily believe to be
true that since the Applicants who are not in possession and/or
occupation of the suit land, shall not suffer any irreparable
loss/damage if the application is not granted and the balance of
convenience is not in their favour.
18. That this application is unfounded at law, not tenable, baseless,

frivolous and I pray to this Honorable court to dismiss this
application with costs.
19. That whatever is stated herein above is true and correct to the
best of my knowledge except for content of paragraphs whose
source is herein disclosed.
Dated this ……………….day of …………………….2024.
Signed by;
TAHIRA KANWAL ____________________
AFFIRMANT
Before me; __________________________________

COMMISSIONER FOR OATHS
DRAWN AND FILED BY:-

Dhakaba & Nkuutu Co. Advocates
Plot No. 12 Oboja Road,
P. O. Box 1016
Jinja
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT IGANGA
MISCELLANEOUS APPLICATION………..OF 2024
(ARISING FROM LAND CIVIL SUIT NO. 050 OF 2024)
1. KAKAIRE STEPHEN
2. BAZIGU WAISWA
3. WALUJO CHARLES
4. MUWANGUZI RICHARD
5. KAKULUBA
HALID ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::AP
PLICANTS
VRS
1. TAHIRA KANWAL
2. ABDUL GHANI
3. MUSA KISAMBIRA
4. THE REGISTRAR OF TITLES
JINJA:::::::::::::::::::::::::::::::::::::::::::RESPONDENTS
Summary of evidence
The 1st and 3rd respondents shall adduce evidence to prove that they
have never committed any form of fraud or trespass on the suit land.
Further evidence shall be led to prove that they are in possession of

the suit land and that the Applicants do not hold any interests in the
same.
List of witnesses
1. The respondents
2. Any other with leave of Court
List of documents
1. 1st respondents purchase Agreement
2. Title certificates
3. Any other with leave of court.
List of Authorities
1. The 1995 Uganda Constitution
2. The Civil Procedure Act Cap 71
3. The Civil Procedure Rules S.I 71-1
4. The Land Act
5. Registration of Titles Act
6. The Successions Act
7. The Evidence Act
8. Case Law
9. Any other with leave of Court
Dated at Jinja this ………………..day of ………………………2024.
……………………………………………………………….
COUNSEL FOR THE 1st and 3rd RESPONDENTS
DRAWN AND FILED BY:-

Dhakaba & Nkuutu Co. Advocates
Plot No. 12 Oboja Road,
P. O. Box 1016
Jinja

Tahira Kanwal-1

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THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT IGANGA

AFFIDAVIT IN REPLY TO CHAMBER SUMMONS

1. That I am a female adult Ugandan of sound mind, the 1 st

2. That the chamber summons and supporting affidavit of the

3. That I am informed by my lawyers M/s Dhakaba & Nkuutu Co

4. That I am further informed by my said lawyers that this

6. That this Application is incompetent and unsustainable before this

7. That I wish to categorically state that, the applicants have never

9. That after purchase of the said land, I took immediate possession

11. That in specific reply to paragraph 10 of the Affidavit in reply, I

13. The Applicants’ allegations f tress pass are misconceived since

15. That I legally complied and followed the required procedure

17. That I am further informed by my lawyers M/s Dhakaba &

18. That this application is unfounded at law, not tenable, baseless,

Dated this ……………….day of …………………….2024.

Before me; __________________________________

DRAWN AND FILED BY:-

Further evidence shall be led to prove that they are in possession of

Dated at Jinja this ………………..day of ………………………2024.

DRAWN AND FILED BY:-

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