THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT MUBENDE
Misc. Application No. 002 of 2023
(Arising from Civil Suit No. 001 OF 2023)
GUNSANZE PAUL:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF
(Suing as beneficiary of the late Gunsanze JohnBosco)
VERSUS
PRAKEESH SINGH :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::DEFENDANT
NOTICE OF MOTION
Brought under Section 33 Judicature Act Cap 13, S.98 of the Civil Procedure Act Cap 71,
Order 52 Rules 1 & 2 of the Civil Procedure Rules SI. 71-1
TAKE NOTICE that this Honorable Court shall be moved on the _________ Day of
………………… 2023 at………... O'clock in the fore/afternoon as Counsel for the Applicants
can be heard upon this application for orders that:
1. An Interim Order of injunction be issued against the respondent and his workers, agents,
servants or anyone claiming title or interest under him from erecting, entering,
encroaching, trespassing, constructing or dealing in whichever form on the land
measuring 18 acres comprised in Singo Block 32 Plot 5 Kajjoji Village, Mityana until
the full determination of the main application.
2. Costs of this application be provided for.
TAKE FURTHER NOTICE that the grounds on which this application is premised are
contained in the affidavits deponed by GUNSANZE PAUL which shall be read and relied upon
at the hearing of this application, but briefly the grounds are that;
1. The Respondent has trespassed on land situate at Singo Block 32 Plot 5, Kajjoji Village
Mityana District, measuring approximately 165 acres, which land is has been the
Applicant’s family home since 1976.
2. The Applicant’s family is facing threats of immediate eviction from the suit land from the
Respondent who claims to have bought 18 acres out of the suit land.
3. The Respondent has already started clearing about two acres of the land three days ago,
with a team of 12 men who have been instructed to demolish existing buildings, cut down
all growing trees, banana plantations and then fence off the 18 acres.
4. That it is in the interest of justice that this Application be allowed and that the Applicant
be granted an interim order against the Respondent.
Dated at Mubende this ____________ day of__________________ 2023.
____________________________
M/S LUTAAYA & CO. ADVOCATES
COUNSEL FOR THE APPLICANT
GIVEN under my HAND and SEAL of this Honorable Court this __________ day of
__________________2023.
_________________________
REGISTRAR
Drawn & filed by:
M/s Lutaaya& Co. Advocates
Plot 14 Kagugube Road
2nd Floor
P.O. Box 3445, Kampala
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT MUBENDE
Misc. Application No. 002 of 2023
(Arising from Civil Suit No. 001 OF 2023)
GUNSANZE PAUL:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF
(Suing as beneficiary of the late Gunsanze JohnBosco)
VERSUS
PRAKEESH SINGH :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::DEFENDANT
AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION
I, GUNSANZE PAUL of C/O M/S. LUTAAYA & CO. ADVOCATES, PLOT 14
KAGUGUBE ROAD, 2nd FLOOR, P.0 BOX 3445 KAMPALA do solemnly make oath and
swear that;
1. That I am a male adult Ugandan of sound mind and I am the Plaintiff in Civil Suit No.
162 of 2023 and I depone this affidavit in that capacity.
2. That I am a beneficiary to the estate of my deceased father which includes the suit land
situate at Singo Block 32 Plot 5 Kajjoji village Mityana District, measuring
approximately 165 acres.
3. That the suit land has been our family’s land since 1976 when our father became
registered on the certificate of title. (A copy of the duplicate certificate of title is attached
and marked A)
4. That we are facing threats of eviction from the Respondent who claims to have bought 18
acres out of the suit land from our father, Gunsanze John Bosco in 2019.
5. That the Respondent’s team of 12 men, with instructions to demolish existing buildings,
have cut down all growing trees, banana plantations, and had started clearing about two
acres of the alleged land before the villagers intervened and chased them away.( A copy
of the Pictures showing the men busy cutting down trees and clearing the land is attached
and marked “B”
6. That the Respondent’s workers have so far cut down 4 Jacaranda trees, 5 avocado trees,
and 12 banana stems, and have threatened to finish the work sooner than later as they
stated that they won’t stop until the whole land is cleared.
7. That I have filed in this Honourable court civil suit No.1 of 2023 against the Respondent
seeking orders that :
a) Declaration that the respondent trespassed on the applicants suit land
b) A permanent injunction restraining the respondent from doing any other action on the
said suit land. (A Copy of the plaint and its accompaniments is hereto attached and
marked “C”)
8. That I also filed an application for a temporary injunction to this court which will be
rendered nugatory if this application is not granted ( A copy of the temporary application
and it’s a compartments is attached and marked “D”
9. That it is in the interest of justice that this Application be allowed and an interim order
granted against the Respondent.
10. That whatever I have stated herein is true to the best of my knowledge and belief.
SWORN at Mubende by me,
GUNSANZE PAUL
This …………… day of …………… 2023 .………………………
DEPONENT
BEFORE ME:
……………………………………..
COMMISSIONER FOR OATHS.
DRAWN BY
M/s Lutaaya& Co. Advocates
Plot 14 Kagugube Road
2nd Floor
P.O. Box 3445, Kampala
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT MUBENDE
Misc. Application No. 002 of 2023
(Arising from Civil Suit No. 001 OF 2023)
GUNSANZE PAUL:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF
(Suing as beneficiary of the late Gunsanze JohnBosco)
VERSUS
PRAKEESH SINGH :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::DEFENDANT
SUMMARY OF EVIDENCE
The plaintiff shall adduce evidence at the trial to show court that the beneficiaries of the late Gunsanze
John Bosco are the rightful owners of the suit land and that the defendant has illegally trespassed on the
land.
LIST OF DOCUMENTS
I. Certificate of title
II. Death certificate
III. Camera photos
IV. Letter of intention to sue
V. Others with leave of court
LIST OF WITNESSES
I. Plaintiff
II. LC.1 Chairman
LIST OF AUTHORITIES
I. The Land act as amended
II. The Registration of Title act Cap 230
I. The Contract Act No. 7 of 2010
II. The Evidence Act Cap. 6.
III. The Civil Procedure Act Cap. 71.
IV. Illiterate Protection Act.
V. Signature Act
VI. The Civil Procedure Rules
VII. Decided cases.
VIII. Any other authorities with leave of court
Dated at Mubende this______day of February 2023.
_______________________________
COUNSEL FOR THE PLAINTIFF
DRAWN BY
M/s Lutaaya& Co. Advocates
Plot 14 Kagugube Road
2nd Floor
P.O. Box 3445, Kampala
