THE REPUBLIC OF UGANDA.

IN THE HIGHCOURT OF UGANDA AT SOROTI

MISC.APPLICATION NO……………OF 2024
ARISING FROM CIVIL REFERENCE NO.01 OF 2024.
(ARISING FROM MISC.APPLICATION NO.139 OF 2023)
(ARISING FROM CIVIL SUIT NO.27 OF 2023)
ORWANGA GABRIEL OLAKI :::::::::::::::::::APPLLICANT
VERSUS
1. OCHEN JOSEPH
2. OPIO ABRAHAM ::::::::::::::::::::::::::::::::::: RESPONDENTS
CHAMBER SUMMONS
(Under Order 50 r 8, Order 52 r 1, 2 & 3 CPR, Section 98 CPA and
other enabling laws)
LET ALL PARTIES attend court in Chambers on the…………….day of
……………2024 at O’clock in the forenoon or soon
thereafter as Counsel for the Applicant can be heard to move Court for
Orders that:
(a) stay of execution of the ruling and orders in Misc. Application
No.139 of 2023.

(b) costs of the Application be provided for.

TAKE FURTHER NOTICE that the grounds upon which this Application is
premised are contained in the Affidavit of ORWANFA GABRIEL OLAKI
the Applicant herein which shall be read and relied upon at trial but briefly
are:
1. That the Applicant filed Civil Suit No. 27 of 2023 against the
Respondents.
2. That the Respondents filed Misc. Application No. 139 of 2023
against the Applicant for dismissal of Civil Suit No. 27 of 2023.
3. The parties filed their respective pleading and submissions and the
Learned Deputy Registrar on the 17th January 2024 delivered a
Ruling against the Applicant
 4. That the Learned Trial Deputy Registrar erred in law by handling a
matter for which he did not have jurisdiction.
5. The Learned Trial Deputy Registrar erred in law and fact in holding
that Civil Suit No. 18 of 2023 from which the Consent Judgment
was executed was for Adverse Possession whereas not.
6. The Learned Trial Deputy Registrar erred in law and fact in holding
that prayers or claim in Civil Suit No. 27 of 2023 was the same as
that of Civil Suit No. 18 of 2023 whereas not.
7. The Learned Trial Deputy Registrar erred in law and fact in holding
that the Appellant did not dispute the Survey Report.
8. The Learned Trial Deputy Registrar erred in law and fact in holding
that Plot 47 and 51 are one and the same whereas not.
9. The Learned Trial Deputy Registrar erred in Law and fact in
holding that the Applicant had been compensated for Plot 51 by the
Respondents whereas not.

10. That the Respondents have since commenced execution proceedings

of the Ruling and orders in MSc. Application No.139 of 2023 by
carrying out developments on the land in dispute.

11. That the continued Respondents’ actions of execution of the ruling

and orders in Misc. Application No.139 of 2023 shall render the
Applicant’s Civil Reference No.01 of 2024 a nugatory.

12. That the Applicant is ready to deposit minimum security of costs for
the performance of the decree.

13. That it is in the interest of justice and equity that this Application is
allowed with costs.
Dated at Kampala this…………day of ……………………2024

…………………………………………..
COUNSEL FOR THE APPLICANT

GIVEN under my Hand and Seal of the Court this………..day

of………………...2024
 ………………………………
DEPUTY REGISTRAR

Drawn & Filed bv:

M/S Mugarura, Kwarisiima & Co. Advocates,
Plot 55, Nkrumah Road,
Floor, Fountain House Building
P. O Box 11641
Kampala
 THE REPUBLIC OF UGANDA.
IN THE HIGHCOURT OF UGANDA AT SOROTI.
MISC.APPLICATION NO……………OF 2024
ARISING FROM CIVIL REFERENCE NO.01 OF 2024.
(ARISING FROM MISC.APPLICATION NO.139 OF 2023)
(ARISING FROM CIVIL SUIT NO.27 OF 2023)
ORWANGA GABRIEL OLAKI :::::::::::::::::::::APPLLICANT
VERSUS
1. OCHEN JOSEPH

2. OPIO ABRAHAM ::::::::::::::::::::::::::::::::::: RESPONDENTS

AFFIDAVIT IN SUPPORT OF CHAMBER SUMMONS

1, ORWANGA GABRIEL OLAKI, c/o M/S Mugarura, Kwarisiima &

co. Advocates, P. O Box 11641, Kampala, Plot 55 Nkrumah Road, 4th
Floor Fountain House Building, do hereby make oath and state as follows;

1. That I am an adult male Ugandan of sound mind, the Applicant

herein in this matter and well versed with the facts of this case
and with authority to swear this affidavit.

2. That the Applicant filed Civil Suit No. 27 of 2023 against the
Respondents. (A copy is attached herein marked '

2. That the Respondents filed Misc. Application No. 139 of 2023

against the Applicant for dismissal of Civil Suit No. 27 of 2023.
(A copy is attached herein marked )

3. The parties filed their respective pleading and submissions and

the Registrar on the 17th January 2024 delivered a Ruling against
the
Applicant. (A copy of the Ruling is attached herein marked “C”)
4. That the Learned Trial Registrar erred in law by handling a
matter for which he did not have jurisdiction,

5. The Learned Trial Deputy Registrar erred in law and fact in

holding that Civil Suit No. 18 of 2023 from which the Consent
Judgment was executed was for Adverse Possession whereas not.
6. The Learned Trial Deputy Registrar erred in law and fact in
holding that prayers or claim in Civil Suit No. 27 of 2023 was the
same as that of Civil Suit No. 18 of 2023 whereas not.

7. The Learned Trial Deputy Registrar erred in law and fact in

holding that the Appellant did not dispute the Survey Report.

8. The Learned Trial Deputy Registrar erred in law and fact in

holding that Plot 47 and 51 are one and the same without taking
into account that the lease on Plot 47 was acquired in 1992 and
that of Plot 51 was acquired in 2020 with totally different
dimensions hence arriving at a wrong conclusion

9. The Learned Trial Deputy Registrar erred in Law and fact in

holding that the Applicant had been compensated for Plot 51 by
the Respondents whereas not.

10. That I have since through my lawyers filed a Civil Reference

No.01 of 2024 against the Respondents challenging the orders of
the lower court.

11. That the Respondents have since commenced execution

proceedings of the Ruling and orders in MSc. Application No.139
of 2023 by constructing on the suit land. (Pictures of the
construction are attached herein marked “D”)

12. That the continued Respondent’s actions of execution of the

ruling and orders in Misc. Application No.139 of 2023 shall
render the Applicant’s Civil Reference No.01 of 2024 a nugatory.

13. That the Applicant is ready to deposit minimum security of

costs for the performance of the decree.
 14. That I swear this affidavit in support of the application, and
pray that the Application be granted with costs.

15. That whatever stated herein above is true to the

best of my knowledge and belief.

SWORN at Kampala by the said,

ORWANGA GABRIEL OLAKI.

On this…………………day of………………………2024

……………………………
DEPONENT

BEFORE ME

……………………………………..
A COMMISSIONER FOR OATHS

Drawn & Filed bv:

M/S Mugarura, Kwarisiima & Co. Advocates,
Plot 55, Nkrumah Road,
Floor, Fountain House Building
P. O Box 11641
Kampala
 THE REPUBLIC OF UGANDA.
IN THE HIGHCOURT OF UGANDA AT SOROTI.
MISC.APPLICATION NO……………OF 2024
ARISING FROM CIVIL REFERENCE NO.01 OF 2024.
(ARISING FROM MISC.APPLICATION NO.139 OF 2023)
(ARISING FROM CIVIL SUIT NO.27 OF 2023)
ORWANGA GABRIEL OLAKI :::::::::::::::::::::APPLLICANT
VERSUS
1. OCHEN JOSEPH

2. OPIO ABRAHAM ::::::::::::::::::::::::::::::::::: RESPONDENTS

SUMMARY OF EVIDENCE.
The Applicant shall at the trial present evidence that there is
imminent threat of execution of ruling and orders in Misc.
Application No.139 of 2023.

LIST OF WITNESSES

1. The Applicant
2. Others with leave of Court.

LIST OF DOCUMENTS

1. All annextures to the Application

2. Others with leave of Court.

LIST OF AUTHORITIES

1. The Constitution of the Republic of Uganda

2. The Registration of Titles Act
3. The Evidence Act
4. The Civil Procedure Act and Rules thereof.
5. Case law.
6. Others with leave of court.

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

 …………………………………….
COUNSEL FOR APPLICANT
Drawn & Filed bv:
M/S Mugarura, Kwarisiima & Co. Advocates,
Plot 55, Nkrumah Road,
Floor, Fountain House Building
P. O Box 11641
Kampala
 THE REPUBLIC OF UGANDA.
IN THE HIGHCOURT OF UGANDA AT SOROTI
MISC. APPLICATION NO. ………… OF 2024
(ARISING FROM MISC.APPLICATION NO……………OF 2024)
(ARISING FROM CIVIL REFERENCE NO.01 OF 2024)
(ARISING FROM MISC.APPLICATION NO.139 OF 2023)
(ARISING FROM CIVIL SUIT NO.27 OF 2023)
ORWANGA GABRIEL OLAKI :::::::::::::::::::::APPLLICANT
VERSUS
1. OCHEN JOSEPH
2. OPIO ABRAHAM ::::::::::::::::::::::::::::::::::: RESPONDENTS
NOTICE OF MOTION
(Under Order 52 r 1, 2 & 3, CPR Section 33 Judicature Act, Section
98 CPA and other enabling laws)
TAKE NOTICE that this Honourable court shall be moved on the…………….day
of ……………2024 at O’clock in the forenoon or soon
thereafter as Counsel for the Applicant can be heard on Orders that:
(c) Interim stay of execution of the ruling and orders in Misc.
Application No.139 of 2023.

(d) costs of the Application be provided for.

TAKE FURTHER NOTICE that the grounds upon which this Application is
premised are contained in the Affidavit of ORWANFA GABRIEL OLAKI
the Applicant herein which shall be read and relied upon at trial but briefly
are:
1. That the Applicant filed Civil Suit No. 27 of 2023 against the
Respondents.
2. That the Respondents filed Misc. Application No. 139 of 2023
against the Applicant for dismissal of Civil Suit No. 27 of 2023.
3. The parties filed their respective pleading and submissions and
the Learned Deputy Registrar on the 17th January 2024 delivered
a Ruling against the Applicant
 4. That the Learned Trial Deputy Registrar erred in law by
handling a matter for which he did not have jurisdiction.
5. The Learned Trial Deputy Registrar erred in law and fact in
holding that Civil Suit No. 18 of 2023 from which the Consent
Judgment was executed was for Adverse Possession whereas
not.
6. The Learned Trial Deputy Registrar erred in law and fact in
holding that prayers or claim in Civil Suit No. 27 of 2023 was
the same as that of Civil Suit No. 18 of 2023 whereas not.
7. The Learned Trial Deputy Registrar erred in law and fact in
holding that the Appellant did not dispute the Survey Report.
8. The Learned Trial Deputy Registrar erred in law and fact in
holding that Plot 47 and 51 are one and the same whereas not.
9. The Learned Trial Deputy Registrar erred in Law and fact in
holding that the Applicant had been compensated for Plot 51 by
the Respondents whereas not.
10. That the Respondents have since commenced execution
proceedings of the Ruling and orders in MSc. Application
No.139 of 2023 by carrying out developments on the land in
dispute.
11. That I have filed Misc. Application No. …………. Of 2024 for stay of
execution which is pending before this Honourable Court.
12. That the continued Respondents’ actions of execution of the
ruling and orders in Misc. Application No.139 of 2023 shall
render the Applicant’s main application and Civil Reference
No.01 of 2024 nugatory.
13. That the Applicant is ready to deposit minimum security of costs
for the performance of the decree.
14. That it is in the interest of justice and equity that this Application
is allowed with costs.
Dated at Kampala this…………day of…………………….2024

…………………………………………..
COUNSEL FOR THE APPLICANT

GIVEN under my Hand and Seal of the Court this………..day

of………………...2024
 ………………………………
DEPUTY REGISTRAR

Drawn & Filed bv:

M/S Mugarura, Kwarisiima & Co. Advocates,
Plot 55, Nkrumah Road,
Floor, Fountain House Building
P. O Box 11641
Kampala
 THE REPUBLIC OF UGANDA.
IN THE HIGHCOURT OF UGANDA AT SOROTI.
MISC. APPLICATION NO. ………… OF 2024
(ARISING FROM MISC.APPLICATION NO……………OF 2024)
(ARISING FROM CIVIL REFERENCE NO.01 OF 2024)
(ARISING FROM MISC.APPLICATION NO.139 OF 2023)
(ARISING FROM CIVIL SUIT NO.27 OF 2023)
ORWANGA GABRIEL OLAKI :::::::::::::::::::::APPLLICANT
VERSUS
1. OCHEN JOSEPH

2. OPIO ABRAHAM ::::::::::::::::::::::::::::::::::: RESPONDENTS

AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION

1, ORWANGA GABRIEL OLAKI, c/o M/S Mugarura, Kwarisiima &

co. Advocates, P. O Box 11641, Kampala, Plot 55 Nkrumah Road, 4th
Floor Fountain House Building, do hereby make oath and state as follows;

1. That I am an adult male Ugandan of sound mind, the Applicant herein in

this matter and well versed with the facts of this case and with authority
to swear this affidavit.

2. That the Applicant filed Civil Suit No. 27 of 2023 against the
Respondents. (A copy is attached herein marked '

3. That the Respondents filed Misc. Application No. 139 of 2023 against
myself for dismissal of Civil Suit No. 27 of 2023. (A copy is attached
herein marked )

4. The parties filed their respective pleadings and submissions and the
Registrar on the 17th January 2024 delivered a Ruling against me. (A
copy of the Ruling is attached herein marked “C”
5. That the Learned Trial Registrar erred in law by handling a matter for
which he did not have jurisdiction,

6. The Learned Trial Deputy Registrar erred in law and fact in holding that
Civil Suit No. 18 of 2023 from which the Consent Judgment was
executed was for Adverse Possession whereas not.

7. The Learned Trial Deputy Registrar erred in law and fact in holding that
prayers or claim in Civil Suit No. 27 of 2023 was the same as that of
Civil Suit No. 18 of 2023 whereas not.

8. The Learned Trial Deputy Registrar erred in law and fact in holding that
the Appellant did not dispute the Survey Report.

9. The Learned Trial Deputy Registrar erred in law and fact in holding that
Plot 47 and 51 are one and the same without taking into account that the
lease on Plot 47 was acquired in 1992 and that of Plot 51 was acquired in
2020 with totally different dimensions hence arriving at a wrong
conclusion

10. The Learned Trial Deputy Registrar erred in Law and fact in holding
that the Applicant had been compensated for Plot 51 by the Respondents
whereas not.

11. That I have since through my lawyers filed an Civil Reference No.01
of 2024 against the Respondents challenging the orders of the lower
court.

12. That the Respondents have since commenced execution proceedings

of the Ruling and orders in MSc. Application No.139 of 2023 by
constructing on the suit land. (Pictures of the construction are attached
herein marked “D”)

13. That I have filed Misc. Application No. …………. Of 2024 for stay
of execution which is pending before this Honourable Court.

14. That the continued Respondents’ actions of execution of the ruling

and orders in Misc. Application No.139 of 2023 shall render the
 Applicant’s main application and Civil Reference No.01 of 2024
nugatory.

15. That the Applicant is ready to deposit minimum security of costs for
the performance of the decree.

16. That I swear this affidavit in support of the application, and pray that
the Application be granted with costs.

17. That whatever stated herein above is true to the best of my

knowledge and belief.

SWORN at Kampala by the said,

ORWANGA GABRIEL OLAKI.

On this…………………day of………………………2024

……………………………
DEPONENT

BEFORE ME

……………………………………..
A COMMISSIONER FOR OATHS

Drawn & Filed bv:

M/S Mugarura, Kwarisiima & Co. Advocates,
Plot 55, Nkrumah Road,
Floor, Fountain House Building
P. O Box 11641
Kampala
 THE REPUBLIC OF UGANDA.
IN THE HIGHCOURT OF UGANDA AT SOROTI.
MISC.APPLICATION NO……………OF 2024
(ARISING FROM MISC. APPLICATION NO. ……….. OF 2024)
(ARISING FROM CIVIL REFERENCE NO.01 OF 2024)
(ARISING FROM MISC.APPLICATION NO.139 OF 2023)
(ARISING FROM CIVIL SUIT NO.27 OF 2023)
ORWANGA GABRIEL OLAKI :::::::::::::::::::::APPLLICANT
VERSUS
1. OCHEN JOSEPH

2. OPIO ABRAHAM ::::::::::::::::::::::::::::::::::: RESPONDENTS

SUMMARY OF EVIDENCE.
The Applicant shall at the trial present evidence that there is
imminent threat of execution of ruling and orders in Misc.
Application No.139 of 2023 .

LIST OF WITNESSES

3. The Applicant
4. Others with leave of Court.

LIST OF DOCUMENTS

3. All annextures to the Application

4. Others with leave of Court.

LIST OF AUTHORITIES

1. The Constitution of the Republic of Uganda

2. The Registration of Titles Act
3. The Evidence Act
4. The Civil Procedure Act and Rules thereof.
5. Case law.
6. Others with leave of court.

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

 …………………………………….
COUNSEL FOR APPLICANT
Drawn & Filed bv:
M/S Mugarura, Kwarisiima & Co. Advocates,
Plot 55, Nkrumah Road,
Floor, Fountain House Building
P. O Box 11641
Kampala