documents_for_applicants_editted[1]

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

MISCELLANEOUS APPLICATION No. 001/2024
(Arising out of Civil Suit No.23/2023)
SOLOMON
NFUNILAMUWA……………………………………………..APPLICANT
VERSUS
MUKALAZI KENNETH………………………….…………………
RESPONDENT
CHAMBER SUMMONS
(Under s. 33 and 38 of the Judicature Act cap. 13, Section 64 (c) and 98 of the
CPA, Cap.71,
O.41 r. 1 and 2 and 9of Civil Procedure Rules SI 71-1)
LET ALL PARTIES concerned attend His/her worship in chambers on the 14 th day
of January 2024 at 11 O’ clock or soon thereafter as counsel for the applicant shall be
heard on application for orders that:
1. A temporary injunction doth issue restraining the respondents by themselves

or their agents acting under them or with their authority from interfering with,
dealing with or carrying out any activity on the suit land in Civil suit no. 23 of
2024 situate at Singo block 34 plot 3 Kajjoji village, Mityana District.
2. The costs for this application be provided for.
TAKE FURTHER NOTICE that this application is made under the provisions of the
law mentioned above and the grounds in support of the application are particularly set
out in the affidavit of Mr. Solomon Nfunilamuwa the applicant herein which shall be
read and relied upon at the hearing, but briefly are that:
1. That the applicant is a son and administrator of the estate of the late Yokana
Nfunilamuwa.
2. That the applicant’s deceased father is the registered proprietor of the suit
land.
3. That the applicant’s father, in 1970 had leased 30 acres of the suit land to one
Amos Matovu, Moses Sebowa and Henry Kintu who then sub leased their
running lease of 49 years to the respondent in 1987.
4. That the lease expired in 2019 and the family of the late Yokana Nfunilamuwa
re-entered and are in occupation of the 30 acres of the suit land.
5. That the respondent instituted an ongoing Civil Suit No.23/2023 against the
applicant in this honourable court in which he claimed that the applicant had
acquiesced to the sale of reversionary interests in the suit land to the
respondent by the late Tendo Musoke who allegedly had no letters of
administration.
6. That the respondent without any claim of right together with his brother, a one
Brigadier Solomon Mukalazi are threatening the family with an eviction
claiming ownership of the suit land and have pitched up several military men
along its boundaries.
7. That the applicant has a strong prima facie case against the respondent who
has no claim of right in the main suit.
8. The applicant and his family are likely to suffer irreparable damage if the
application is not granted.
9. That the balance of convenience lies with the applicant and that it is
reasonable and in the interest of justice that this application is granted.
This summons was taken out by counsel for the applicant.

Given under my hand and the seal of this Honorable court, at Mubende this_____ day
of __________2024.
__________________
REGISTRAR
Drafted by
M/s Lutaaya & co advocates
Plot 14 Kampala Road
P.O. Box 422,
Kampala
Affidavit in Support of Chamber Summons.

SOLOMON NFUNILAMUWA ……………………………………APPLICANT
VERSUS
MUKALAZI KENNETH………………………….………………
RESPONDENT
AFFIDAVIT IN SUPPORT OF CHAMBER SUMMONS
I, SOLOMON NFUNILAMUWA of c/o M/s Lutaaya & co advocates Plot 14

Kampala Road P.O. Box 422, Kampala, do solemnly make oath and state as
follows; -]
1. That I am a male adult Ugandan of sound mind, the applicant herein, in which
capacity I affirm to this affidavit.
2. That I am the son of the late Yokana Nfunilamuwa and an administrator of his
estate, which estate owns the suit land situate at Singo block 34 plot 3 Kajjoji
village, Mityana District measuring approximately 60 acres.
3. That my deceased father became registered on the certificate of title of the suit
land in 1976.
4. That 30 acres of the suit land were leased to one Amos Matovu, Moses Sebowa
and Henry Kintu who then sub leased their running lease of 49 years to the
respondent in 1987.
5. That the lease expired in 2019 and the family of the late Yokana Nfunilamuwa
re-entered and are in occupation of the 30 acres of the suit land.
6. That the respondent filed an ongoing Civil Suit No.23/2023 against me in
which he claimed that I had acquiesced to the sale of reversionary interests in
the suit land to the respondent by my late brother Tendo Musoke who allegedly
had no letters of administration.
7. That the respondent without any claim of right together with his brother, a one
Brigadier Solomon Mukalazi are threatening my family with an eviction
claiming ownership of the suit land and have pitched up several military men
along its boundaries.
8. That I have been advised by my lawyers M/s Lutaaya & co advocates which
advice I verily believe to be true that should the Respondents be successful
taking possession of the suit land without proper authorization, this would alter
the status quo of the land before the main suit is disposed of.
9. That the suit land is family land with great value to the family of the late
Yokana Nfunalimuwa and loss of the same would cause irreparable damage if
this application is not granted.
10. That whatever I have stated herein above is true and correct to the best of my
knowledge and belief.
Sworn at Mubende on this 14th day of January 2024 by the said;

solomon nfunilamuwa
SOLOMON NFUNILAMUWA
DEPONENT
BEFORE ME
………………..……………………..
COMMISSIONER FOR OATHS
Drawn and filed by:

P.O. Box 422,
Kampala
SOLOMON NFUNILAMUWA…………………………………………………...….
APPLICANT
VERSUS
MUKALAZI KENNETH………………………….………………. RESPONDENT
SUMMARY OF EVIDENCE
As contained in the affidavit of the applicant.
LIST OF WITNESSES
1. Applicant
2. Amos Matovu
3. Henry Kintu
4. Moses Sebowa
LIST OF DOCUMENTS
1. Pleadings in civil suit No 23 of 2023
2. Certificate of title of the suit land
3. Letters of administration.
4. Lease agreement.
5. Any other document with leave of court.
LIST OF AUTHORITIES
1. Civil Procedure Act Cap 71
2. Civil procedure Rules SI 71-1 (as amended)
3. Registration of Titles Act cap 205
4. Case law
5. Any other with leave of court.
Dated at Mbarara this 14th day of February 2024
_____________________________
COUNSEL FOR THE APPLICANT
Drawn and filed by:

P.O. Box 422,
Kampala
MISCELLANEOUS APPLICATION No.__002_/2024
(ARISING FROM MISCELLANEOUS APPLICATION No. 001/2024)
(Arising out of Civil Suit No. 23 of 2023)
SOLOMON
VERSUS
RESPONDENT
NOTICE OF MOTION
(Brought under O. 52 r. 1& 2 CPR and Section 98 CPA)
TAKE NOTICE that this Honorable court shall be moved on the 14 th day of January
2024 at 11 O’clock in the fore/ afternoon or soon thereafter as counsel for the
applicant can be heard on the application for orders that;
1. That an interim order be issued restraining the respondent by themselves or their
agents acting under them or with their authority from interfering with, dealing
with or carrying out any activity on the suit land subject in Civil Suit no. 23 of
2023 until the final determination of the main application for temporary injunction
sought in miscellaneous application no. 1 of 2024.
2. Costs be granted in the cause.
TAKE FURTHER NOTICE that this application is supported by the affidavit of the
applicant MR. SOLOMON NFUNILAMUWA which shall be read and relied upon
at the hearing but briefly the grounds of this application are: -
1. That there is a sufficient cause as to require an interim order to be issued as the
family of the applicant is being threatened with eviction by the respondent.
2. That the respondent shall not be prejudiced if this application is allowed as the
said land belongs to the applicant.
3. That it is reasonable and in the interest of justice that this application is allowed.
Dated at Mubende on this 14th day of January 2024.

________________________
COUNSEL FOR THE APPLICANT
Given under my hand and seal of this honorable court on this……. day of…….2024
………………………………
DEPUTY REGISTRAR
Drawn and filed by:
P.O. Box 422,
Kampala.
v) affidavit in support of notice of motion

MISCELLANEOUS APPLICATION No.__002_/2024
(ARISING FROM MISCELLANEOUS APPLICATION No. 001/2024)
(Arising out of Civil Suit No. 23 of 2023)
SOLOMON
VERSUS
RESPONDENT
AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION

I SOLOMON NFUNILAMUWA of M/s Lutaaya & co advocates Plot 14
Kampala Road P.O. Box 422, Kampala, do solemnly make oath and state as
follows; -]
1. That I am a male adult Ugandan of sound mind, the applicant, and swear this
affidavit in that capacity.
2. That I am the son and administrator of the estate of the late Yokana
Nfunilamuwa.
3. That I filed a pending miscellaneous application no. 001 of 2024 seeking that
a temporary injunction be issued against the respondent in respect of the suit
land situate at Singo block 34 plot 3 Kajjoji village, Mityana District.
4. That my family and I are facing threats of eviction from the suit land by the
respondent and his agents who has taken advantage of the stagnation of the suit
to impose himself on the suit land.
5. That the respondent has deplored several military men who have pitched camp
long the boundaries of the plot.
6. That I am in rightful possession of the suit land as the administrator of my late
father’s estate and therefore I have a very good chance of succeeding in the
aforementioned suit.
7. That if this interim order is not granted, I will suffer irreparable damage and
loss which cannot be remedied by an award of damages.
8. That whatever I have stated herein above is true and correct to the best of my
knowledge.
Sworn at Mubende on this 14th day of January 2024 by the said;

solomon nfunilamuwa
SOLOMON NFUNILAMUWA
DEPONENT
BEFORE ME
………………..……………………..
COMMISSIONER FOR OATHS
Drawn and Filed by:

P.O. Box 422,
Kampala

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THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT MUBENDE

O.41 r. 1 and 2 and 9of Civil Procedure Rules SI 71-1)

1. A temporary injunction doth issue restraining the respondents by themselves

This summons was taken out by counsel for the applicant.

THE REPUBLIC OF UGANDA

I, SOLOMON NFUNILAMUWA of c/o M/s Lutaaya & co advocates Plot 14

Sworn at Mubende on this 14th day of January 2024 by the said;

Drawn and filed by:

Drawn and filed by:

Dated at Mubende on this 14th day of January 2024.

THE REPUBLIC OF UGANDA

AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION

Sworn at Mubende on this 14th day of January 2024 by the said;

Drawn and Filed by:

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