THE REPUBLIC OF UGANDA
IN THECHIEF MAGISTRATE COURT OF MASINDI AT MASINDI
MISCELLANEOUS APPLICATION NO…………OF 2022
(ARISING FROM CIVIL SUIT NO. 32 OF 2018)
1. ALINAITWE JOSEPH
2. MUHUMUZA DANIEL::::::::::::::::::::::::::::::::::::::APPLICANTS/OBJECTORS
VERSUS
1. ERIBANKYA BOSCO::::::::::::::::::::::::::::::::::::::::RESPONDENT/PLAINTIFF
2. MWEKAMBI GORDON::::::::::::::::::::::::::::::::: RESPONDENT/DEFENDANT
NOTICE OF MOTION
(Brought Under Section 98 CPA, Order 22 rr. 56 and 57 CPR SI 71-1)
TAKE NOTICE that this Honourable Court shall be moved on the ………. day of
…………………...2022 at…………O’clock in the fore/afternoon or soon thereafter as
counsel for the Applicant shall be heard on an application for the following orders:
1. An order that the 10 acres of land neighbouring Katusiime Tom, Katusabe
Henry, Mwekambi Gordon and the family of Mwekambi Gordon located in
Kihoole Village, Bikonzi Parish, Bwijanga Sub-county, Masindi District be
released from attachment and/or execution.
2. An order that the execution of the consent judgment in Civil Suit No 032 of
2018 be stayed.
3. Costs of the application be provided for.
TAKE FURTHER NOTICE, that this application is supported by the affidavits of
ALINAITWE JOSEPH AND MUHUMUZA DANIEL which contain more elaborate
grounds, it shall be read and relied upon at the hearing but briefly that:
1. The Applicant/Objector claims interest in the attached property as the occupants and
in actual possession of the suit land.
2. The Objectors are in actual possession of the property subject of attachment and its
where their homes are.
3. The Judgment Debtor herein has no interest whatsoever whether legal or equitable
in the attached property.
4. Neither the Judgment Debtor nor his agents/servants were in occupation of the suit
property at the time of attachment.
5. There is a likelihood of the attached property being sold and/or put in possession of
a third party and the Objector will suffer irreparable loss if the said property is not
released from attachment and/or execution.
6. This application has been preferred without unreasonable delay.
7. That it is fair, just and in the interest of justice that this application is allowed.
Dated at Masindi this………….………..day of…………..………….2022
…………………………………………….
LDC LEGAL AID CLINIC
(COUNSEL FOR THE APPLICANTS)
GIVEN UNDER my hand and the seal of this court this……….day of………….2022
………………………………………………………..
CHIEF MAGISTRATE
DRAWN AND FILED BY:
LDC Legal Aid clinic
RDC Building, ROOM 1
Masindi Port Road,
P.O Box 7117, Kampala
THE REPUBLIC OF UGANDA
IN THECHIEF MAGISTRATE COURT OF MASINDI AT MASINDI=
MISCELLANEOUS APPLICATION NO…………OF 2022
(ARISING FROM CIVIL SUIT NO. 32 OF 2018)
1. ALINAITWE JOSEPH
2. MUHUMUZA DANIEL::::::::::::::::::::::::::::::::::::::APPLICANTS/OBJECTORS
VERSUS
1. ERIBANKYA BOSCO::::::::::::::::::::::::::::::::::::::::RESPONDENT/PLAINTIFF
2. MWEKAMBI GORDON::::::::::::::::::::::::::::::::::: RESPONDENT/DEFENDANT
AFFIDAVIT IN SUPPORT OF THE NOTICE OF MOTION.
I, Muhumuza Daniel of C/O Legal Aid Clinic P.O BOX 7117 Kampala, Masindi
Branch near RDC’S Office, do hereby solemnly swear and state as follows:
1. That I am a male adult Ugandan of sound mind and rightful owner of the property
under the threat of execution and herein swear this affidavit in that capacity.
2. That I am in actual possession of the land where I own a plantation of coffee,
banana and ground nut .( Attached is a copy of Photographs of the
plantation marked annexure “A”)
3. That I was in actual possession of my plantations on the suit land at the time of
attachment and have never had any court case with the respondents.
4. That I saw an advert in newspaper advertising the suit land which came out on
23rd April 2022.
5. That I visited court and confirmed that there is a warrant of attachment and sale
of the suit land where I am to be gravely affected.
6. That I informed the judgment debtor that my plantations was attached and that
and the judgment debtor had no interest in the property attached.
7. That I have been informed by my lawyers at LDC Legal Aid clinic-Masindi that I
have a right to object to the proceedings of attachment of my land since I am in
occupation of the same.
8. That my plantation is at the verge of attachment where together with my family,
we sustain livelihood.
9. That if this execution is not stopped, I will lose my plantations.
10. That whatever, I have stated hereabove is true and correct to the best of my
knowledge and belief.
SWORN at Masindi by the said
MUHUMUZA DANIEL this………………day of…………..2022
………………………..
DEPONENT
CERTIFICATE OF TRANSLATION
I………………………………… Fluent in English and Runyoro confirm that I have
translated the contents of this affidavit in Runyoro to the deponent and that he
has understood its contents fully.
……………………………
Translator
BEFORE ME
…………………………………………………..
COMMISSIONERS FOR OATHS
DRAWN AND FILED BY:
LDC Legal Aid Clinic
P.O BOX 7117,Kampala-Masindi Branch
Near RDC’S Office.
THE REPUBLIC OF UGANDA
IN THECHIEF MAGISTRATE COURT OF MASINDI AT MASINDI
MISCELLANEOUS APPLICATION NO…………OF 2022
(ARISING FROM CIVIL SUIT NO. 32 OF 2018)
1. ALINAITWE JOSEPH
2. MUHUMUZA DANIEL::::::::::::::::::::::::::::::::::::::APPLICANTS/OBJECTORS
VERSUS
1. ERIBANKYA BOSCO::::::::::::::::::::::::::::::::::::::::RESPONDENT/PLAINTIFF
2. MWEKAMBI GORDON::::::::::::::::::::::::::::::::::: RESPONDENT/DEFENDANT
AFFIDAVIT IN SUPPORT OF THE NOTICE OF MOTION.
I, Alinaitwe Joseph of C/O Legal Aid Clinic P.O BOX, Kampala-Masindi Branch
near RDC’S Office do hereby solemnly swear and state as follows:
1. That I am a male adult Ugandan of sound- mind.
2. That I am the rightful owner of a house and a sugarcane plantation on the
suit land under the threat of execution and herein swear this affidavit in
that capacity. (A photograph of the house and sugarcane on the suit
land is hereby attached and marked annexure “A”).
3. That I was in occupation of the suit land on the date of attachment.
4. That the judgment debtor has no individual interest in the suit land which
is customary land managed by my father Kyomya Antonio. ( A copy of
the application for rural land and recommendation from elders are
hereby attached and marked Annexure “B”)
5. That I have been informed by my lawyers at LDC Legal Aid clinic-Masindi
that I have a right to object to the proceedings of attachment of my house
and sugarcane plantation since I am in occupation of the same.
6. That my house and sugarcane plantation are at the verge of attachment
where together with my family, we sustain livelihood and live as our home.
7. That whatever, I have stated hereinabove is true and correct to the best of
my knowledge and belief.
SWORN at Masindi by the said:
ALINAITWE JOSEPH this………………day of…………..…..2022
………………………..
DEPONENT
CERTIFICATE OF TRANSLATION
I…………………………………Fluent in Runyoro and English confirm that I have
translated the contents of this affidavit to the deponent in Runyoro and that he
has understood its contents fully.
BEFORE ME
…………………………………………………..
COMMISSIONERS FOR OATHS
DRAWN AND FILED BY:
LDC Legal Aid Clinic
P.O BOX 7117, Kampala- Masindi Branch
Near RDC’S Office.
THE REPUBLIC OF UGANDA
IN THE CHIEF MAGISTRATE COURT OF MASINDI AT MASINDI
MISCELLANEOUS APPLICATION NO……….……OF 2022
(ARISING FROM CIVIL SUIT NO. 32 OF 2018)
1. ALINAITWE JOSEPH
2. MUHUMUZA DANIEL::::::::::::::::::::::::::::::::::::::APPLICANTS/OBJECTORS
VERSUS
1. ERIBANKYA BOSCO::::::::::::::::::::::::::::::::::::::::RESPONDENT/PLAINTIFF
2. MWEKAMBI GORDON::::::::::::::::::::::::::::::::::: RESPONDENT/DEFENDANT
SUMMARY OF EVIDENCE
The applicants shall lead evidence that they were in possession of the suit land on the
date of attachment.
That the suit land is customary land and does not belong to the judgment debtor
individual.
LIST OF WITNESSES
1. Applicant
2. Any other with leave of court.
LIST OF DOCUMENTS
1. Photographs
2. Any other with leave of court
LIST OF AUTHORITIES
1. The Land Act 1998
2. Any other with leave of court.
Dated at Masindi this…………………day of…………………….2022
……………………………………………………..
COUNSEL FOR THE APPLICANTS
