THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT LUWEERO

(LAND DIVISION)

CIVIL SUIT NO……………… OF 2024

BUKENYA SULAIMANI: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF

(THROUGH HIS LAWFUL ATTORNEY)
NULIAT NASSANGA
VERSUS
1. KIKOMAGA EXPERITO
2. NALUJJA JULIET
3. KIKOMAGA SOLOMON
4. MUWONGE Alias BROKER
5. SEKYONDA FREDRICK: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: DEFENDANTS

PLAINT

1) The Plaintiff is a male adult Ugandan of sound mind whose address of

service for purposes of this suit shall be M/s. Sseryazi Mugabi & Co.
Advocates, Former Centenary Bank Building, Opp. Colline Hotel Mukono,
2ND Floor, Suite No. B11, P.O Box. 12611 Kampala.

2) The 1st, 3rd, 4th and 5th defendants are all male adult Ugandans, the 2nd
defendant is a female adult Ugandan, all presumed to be of sound mind
and the plaintiff’s advocates undertake to effect service of court process
on them respectively.

3) The plaintiff’s claim against the defendants is for Trespass on Land/ Kibanja
measuring approximately 1.2 (One point two) Acres, situated at Buyego
Kawumpuli village, Sambwe Parish, Nyimbwa subcounty in Luweero District.
(herein referred to as the Suit Land), a permanent injunction, mesne profits,
special & general damages and the costs of the suite.

4) THE PLAINTIFF'S CAUSE OF ACTION AROSE AS HEREUNDER.

a. That on the 9th day of February, the year 2016, the plaintiff purchased the
suit land/Kibanja from Kikomaga Experito/ the 1st defendant at a cost of
UGX. 12,000,000/= (Twelve million Uganda shillings) and upon purchase,
the plaintiff took immediate possession and started growing various food
crops thereon among which included casava, bananas, maize, sweet
potatoes among others and it is the same land from which he has since

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 been deriving sustenance for his family. (A copy of the land purchase
agreement shall be availed at the hearing)

b. That the plaintiff has been in peaceful and in quit possession of the suit
land since the time of purchasing it but only up to the month of June 2024,
when the 5th defendant while commanding a battalion of goons (Known
as Kifeesi), who without the consent of the plaintiff, entered the suit land,
armed with sharp panga’s and big sticks, forcefully evicted the plaintiff’s
workers from the suit land and cut down, slashed all the food crops
thereon and by using a grader tractor, they flat graded the suit land and
all the surrounding pieces of land with utmost impunity leaving only a
portion which had a latrine. (Photos of the debris are hereto attached
marked as annexure “A”)

c. That when the plaintiff’s attorney demanded to know why their food crops
were being demolished, she was informed by the 4th and 5th defendant
that they were acting on instructions of a purported land lord by the
names of NKWANGA NASUR a resident of Entebbe and who was
interested in repossessing the suit land.

d. That the 5th defendant also assured the plaintiff through his attorney that
he was determined to grab the suit land with the help of Uganda police
and at that moment the 4th and 5th defendants drafted a shum
memorandum and ordered the plaintiff’s attorney to append her
signature thereon in consent of what was going on. (A copy of the
purported memorandum and its translation are hereto attached marked
as annexure “B1 & B2” respectively)

e. That the plaintiff’s attorney reported the matter to the 2nd defendant who
is the vice chairperson of the area, but she refrained and shunned away
from entertaining any claim from the plaintiff in respect of the suit land on
claims that she was not aware of what was going on.

f. That the plaintiff’s attorney further reported the matter to Uganda Police
at Bombo vide Reference Number. SD REF: 41/12/07/2024 and thereafter,
when the defendants had left, the plaintiffs’ workers embarked on
constructing a residential house thereon. However, on the instructions of
the 5th defendant, they were intercepted and stopped by the DPC from
Bombo police station without any justification. (A copy of the police

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 reference and the photos of the said construction are hereto attached
marked as annexture “B & C” respectively)

g. That ever since the DPC of Bombo police station stopped the plaintiff’s
agents from further farming and construction on the suit land, the 3rd
defendant took over possession and he is conducting farming activities
thereon on claims that he purchased the Suitland from the 1st defendant
(his father) and him together with the 4th defendant are all over marketing
the same for sale to unsuspecting third parties with the support of the 2nd
defendant who is the vice chairperson of the area.

h. That currently the defendants have subdivided the suit land and marked
out plots for sale and have restrained the plaintiff and his agents from
stepping a foot on the suit land with impunity, with threat that they are
above the law and will kill anyone who attempts to step on the suit and.

6. The plaintiff avers and contends that the defendants’ several unknown third
parties have been seen on the suit land, waving land sale agreements
claiming that their transactions were executed by the 2nd defendant.

7. The plaintiff contends that the defendants conduct has not only been
illegal but also tainted with fraud.

Particulars of fraud.
i. The defendants Interfering with the plaintiff’s possession on the suit
land without lawful authority.
ii. The 2nd defendant executing land sale agreements for the 3rd
defendant and other fictitious purchasers on the suit land.
iii. The 4th and 5th defendants, forcing the plaintiff’s attorney to sign
on a Shum memorandum so as to validate their illegal actions.
iv. The 1st defendant selling the suit land to the 3rd defendant despite
of having sold the same, first to the plaintiffs.
v. The 4th and 5th defendants grabbing the suit land with impunity by
claiming authority from fictitious landlords.
vi. The 1st, 2nd, 3rd and 4th defendants executing land sale
agreements without any land sale transaction having taken place.

8. The plaintiff avers and contends that the defendants took advantage of his
absence while abroad and purportedly transacted over the suit land when

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 his agents were already in possession of the same, in his absence and
without his knowledge or consent.

9. The plaintiff contends that he is the rightful owner of the suit land having
acquired the same from the 1st defendant in the year 2016 and he has
utilised the same for almost 10(ten) years with out interference from any
third party be it claiming as the landlord.

10. That the plaintiff is currently out of the country, but he appointed his
daughter as his attorney to prosecute this suit on his behalf during his
absence. (A copy of the powers of attorney are hereto attached marked
as “D”)

11. That the defendants were served with a notice of intention to sue but it
was adamantly ignored.

12. That the value of the subject matter is estimated to be above UGX.
50,000,000/= (Fifty million Uganda shillings).

13. That the cause of action arose at Buyego Kawumpuli village, Sambwe
Parish, Nyimbwa subcounty in Luweero District within the jurisdiction of this
honorable court.

WHEREFORE, the Plaintiff prays for judgment against the defendants jointly and
severally for the following declarations and orders.

a) A declaration that the defendants fraudulently dealt with the suit land.
b) A declaration that the defendants are trespassers on the suit land
measuring approximately 1.2 Acres.
c) A declaration that the plaintiff is the rightful owner of the suit land.
d) Cancellation of all or any transaction executed by the defendants or
any other party in respect of the suit piece of land.
e) A permanent injunction doth issue against the defendants, their agents,
assignees, successors in title or any person deriving interest or authority
from them, never to interfere with the plaintiff’s right to possession on the
suit land.
f) An eviction order doth issue against the defendants their agents,
assignees, successors in title or any person deriving interest or authority
from them.
g) General Damages

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 h) Special Damages
i) Punitive Damages
j) Mesne Profits from the date of encroachment up to the date of
Judgment.
k) Costs of the suit.
l) Interest on, g, h, I , j & k above at court rate from the date of judgment
until payment in full.

16th October
DATED at Mukono this ……….…day of …………………………2024.

……………………………………………..
(COUNSEL FOR THE PLAINTIFF)

DRAWN & FILED BY:

M/S Sseryazi Mugabi & Co. Advocates
Former Centenary Bank Building Mukono
Opp. Collin Hotel, 2ND Floor, Suite No. B1 1
P.O Box 12611 Kampala

Page 5 of 6
 THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT LUWEERO
(LAND DIVISION)
CIVIL SUIT NO……………… OF 2024
BUKENYA SULAIMANI: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF
(THROUGH HIS LAWFUL ATTORNEY)
NULIAT NASSANGA
VERSUS
1. KIKOMAGA EXPERITO
2. NALUJJA JULIET
3. KIKOMAGA SOLOMON
4. MUWONGE Alias BROKER
5. SEKYONDA FREDRICK: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: DEFENDANTS

SUMMARY OF EVIDENCE
The Plaintiff shall adduce evidence to show that the Defendants are
trespassers and fraudsters on his suit Land.

LIST OF WITNESSES
1. The plaintiff
2. Nuliat Nassanga
3. Others with leave of court

LIST OF DOCUMENTS
1. Annexures to the Plaint
2. Others with leave of court

LIST OF AUTHORITIES
1. The Land Act Cap 236
2. The Registration of title Act Cap 240
3. The Contracts Act cap 248
4. The Civil Procedure Act Cap. 282
5. The Civil Procedure Rules as amendment
6. Judicature Act cap 16
7. The Evidence Act Cap. 8
8. Case Law
9. Others with leave of court

16th day of ………………

DATED at Mukono this ………… October 2024

….……………………………..…………….
COUNSEL FOR THE PLAINTIFF
DRAWN & FILED BY:
M/S Sseryazi Mugabi & Co. Advocates
Former Centenary Bank Building Mukono
Opp. Collin Hotel, 2ND Floor, Suite No. B1 1
P.O Box 12611 Kampala

Page 6 of 6
ANNEX "A"
ANNEX "B 1"
ANNEX "B2"
ANNEX "B"

ANNEX "C"
INST-NO : 1728969664555
ANNEX "D"
15 OCT 2024 CLIENT COPY

Nsemere Nyarwera Carolyn

INST-NO : 1728969664555

15 OCT 2024 CLIENT COPY

Nsemere Nyarwera Carolyn