THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT JINJA
MA. NO. …………….. OF 2025
(ARISING FROM ADMINISTRATION CAUSE NO. 26 OF 2023 AND CIVIL SUIT NO.
……… OF 2025)
ZAABU KWEZI ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF
- VERSUS -
1. SAMUEL MULIMBA
2. JOHN MUTAMBUZE
3. THE REGISTRAR OF LAND TITLES ::::::::::::::::::::::::::::::: DEFENDANT
NOTICE OF MOTION EXPARTE
UNDER S. 98 CPA ORDER 50 CPR and O 52 r 1-3 CPR)
TAKE NOTICE that this Honorable Court shall be moved on the ……….. day of
……………………….., 2025 at ……………. O’ clock in the forenoon/afternoon or so soon
thereafter as Counsel for the Applicant shall be heard on an application for orders that:-
a). An Interim Order do issue restraining the Defendant/Respondent, its servants, agents and or
workers from carrying out any further dealings on and with the estate of Joel
Kwezi(deceased).
b). An interim order restraining the first and second defendants, their servants, agents and family
from carrying out any further dealings on and with two plots of land comprised in BUSIRO
BLOCK 336 PLOT 445 land at Lyamutwe, Busiro in Wakiso District and BUSIRO
BLOCK 336 PLOT 324 Land at Nkumba, Entebbe road, pending disposal of the main suit.
b). Costs of this application be provided for.
TAKE FURTHER NOTICE that this application is grounded on the affidavit of Ms. ZAABU
KWEZI, the Applicant and the widow of JOEL KWEZI(deceased), which shall be read and
relied upon at the hearing but briefly the grounds are generally that :-
1. The applicant has applied for issue of a temporary injunction vides M.A. NO.
……………… of 2025.
2. The first respondent fraudulently and by way of misrepresentations to court, obtained
letters of Administration of the estate of Applicant’s husband, JOEL KWEZI(deceased)
vide High Court (Jinja) Probate and Administration cause no. 26 of 2023.
3. That subsequently the first respondent sold off one piece of land comprised in BUSIRO
BLOCK 336 PLOT 445 at Lyamutwe, Busiro in Wakiso District to the second defendant,
JOHN MUTAMBUZE.
4. That first respondent proceeded to apply for and obtained, in his names, SAMUEL
MULIMBA, a Special Certificate of title in respect of BUSIRO BLOCK 336, PLOT
324.
5. That the matter is urgent due to the speed, nature of fraud and misrepresentations
employed by the first defendant in diverting in part and selling off the land of the
Applicant’s husband, JOEL KWEZI (Deceased) depriving the Applicant and other
beneficiaries from enjoying the rights accruing to the said estate.
DATED at JINJA this …………. day of …………………..……., 2025.
…………………………………
M/S FIRM B4 & CO. ADVOCATES
COUNSEL FOR THE APPLICANT
GIVEN UNDER my hand and seal of this court on this ……… day of
………………………., 2025.
……………………………………
REGISTRAR
DRAWN & FILED BY :-
M/S FIRM B & CO. ADVOCATES
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
(LAND DIVISION)
MA. NO. …………….. OF 2006
(ARISING FROM M.A. NO. …………. OF 2006 AND CIVIL SUIT NO. …………. OF
2006)
ALLEN NSUBUGA NTANANGA ::::::::: PLAINTIFF
- VERSUS -
RONA INVESTMENTS LTD :::::::::: DEFENDANT
AFFIDAVIT IN SUPPORT
I, EMMANUEL NTANANGA of care of M/S MBOGO & CO. ADVOCATES, PLOT 29/33,
KAMPALA ROAD, P.O. BOX 781, KAMPALA – UGANDA do solemnly make oath and
sincerely state as hereunder :-
1. THAT, I am an adult male Ugandan of sound mind and the duly appointed Attorney of
the applicant. Photostat copy of the Power of Attorney is marked “A”.
2. THAT, the applicant is the occupier and was registered on the suit land and
developments known and described as KYADONDO BLOCK 232 PLOT 1306 land at
KIREKA BANDA on 10/3/2003. Photostat copy of the Certificate of title is marked
“B”.
3. THAT, the respondent is claiming competing interest in the same land, his interest
having been registered on 18/8/2006. Photostat copy of its title is marked “C”.
4. THAT, the applicant has filed C.S. No. ……………. Of 2006 to challenge the
respondent’s interest and has also filed an application for a temporary injunction.
Photostat copy of the application for a temporary injunction is marked “D”.
5. THAT, the respondent has since the registration of its interest, tried to evict the applicant
from her land, despite strong protests from the applicant and her family and has so far
caused extensive and substantial damage to the applicant’s property and premises to the
tune of Shs. 70 Million. Photostat copy of the Valuation Report is marked “E”.
6. THAT, the respondent has only been restrained from further damage to the applicant’s
property, by an interim order of this court in M.A. No. 426 Of 2006, finally which is an
interlocutory application, which application does not dispose of all interests and the rights
of the parties.
7. THAT, the interim order may be vacated any time and in particular on 3/11/2006 when
the ruling in MA. No. 426 Of 2006 is due, in which event the respondent, which has
previously shown speed, violence and aggressiveness in evicting the applicant and
removing her structures from the land, may immediately and return to the land and evict
the applicant and her family and also destroy everything completely.
8. THAT, the main application for a temporary injunction has not yet been fixed for hearing
and hence the need for an interim order.
9. THAT, in an order to maintain the status quo pending the hearing of the main
application, it is proper convenient and just that an interim order do issue to the applicant
restraining it from evicting the applicant from the suit land and destroying the suit
premises until the application for temporary injunction is heard and disposed of.
10. THAT, what is stated hereinabove is true and correct to the best of my knowledge and
belief.
SWORN at KAMPALA this ………… day of )(
………………………, 2006 by me the said )(
EMMANUEL NTANANGA )( ……………………………….
DEPONENT
BEFORE ME :-
………………………………….
A COMMISSIONER FOR OATHS
DRAWN & FILED BY :-
M/S MBOGO & CO. ADVOCATES
PLOT 29/33, KAMPALA ROAD,
AMBER HOUSE,
P.O. BOX 781,
KAMPALA.
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
(LAND DIVISION)
MA. NO. …………….. OF 2006
(ARISING FROM M.A. NO. …………. OF 2006 AND CIVIL SUIT NO. …………. OF 2006)
ALLEN NSUBUGA NTANANGA ::::::::: PLAINTIFF
- VERSUS -
RONA INVESTMENTS LTD :::::::::: DEFENDANT
SUMMARY OF EVIDENCE
As per affidavit of EMMANUEL NTANANGA accompanying Notice of Motion.
LIST OF WITNESSES
1. EMMANUEL NTANANGA
2. Any other with leave of court.
LIST OF DOCUMENTS
1. Main application for a temporary injunction.
2. Any other with leave of Court.
LIST OF AUTHORITIES
1. CPA and Rules made thereunder.
2. Kampala City Council – Vs – National Pharmacy (1979) HCVB 215.
3. Somali Democratic Republic – Vs – ANCOP Civil Appl. No. 11 Of 1988 (SC).
4. Lawerence Musitwa Kyazze – Vs – Eunice Busingye Civil Appl. No. 18 of 1990 (SC)
unreported.
5. Kaggwa – Vs – Olive Kaggwa Adm. Cause No. 21 Of 1972 (Unreported).
6. Francis Nansio Micah – vs – Nuwa Walakira Civil Appl. No. 9 OF 1990.
7. Alcon International Ltd – Vs – Kasirye Byaruhanga & Co. Advocates H.C. Misc. Appl No. 438
OF 1995 (Unreported).
8. Any other with leave of Court.
DATED at KAMPALA this …………. day of ……………………………, 2006.
…………………………………..
M/S MBOGO & CO. ADVOCATES
COUNSEL FOR THE APPLICANT
DRAWN & FILED BY :-
M/S MBOGO & CO. ADVOCATES
PLOT 29/33, KAMPALA ROAD,
AMBER HOUSE,
P.O. BOX 781, KAMPALA.
