THE REPUBLIC OF UGANDA
IN THE CHIEF MAGISTRATE’S COURT OF MASAKA AT MASAKA
MISCELLANEOUS APPLICATION NO. ________ OF 2025
[Arising out of Civil Suit No. 64 of 2024]
ABASI SSEMWOGERERE =============================== APPLICANT
-VERSUS-
1. SULAIMAN SEBYALA
2. SSEGUYA DIRISA =============================== RESPONDENT
NOTICE OF MOTION
[Under Order 51 rule 6, Order 52 rules 1 & 3 of the
CPR, SI 71 – 1 & Section 98 CPA, Cap 282]
TAKE NOTICE THAT this Honourable Court will, be moved on the
……………day of …………………… 2025 at ………………… o’clock in the
fore/afternoon or so soon thereafter as Counsel for the Applicant
shall be heard, on an application for ORDERS THAT:-
(a) An order issues for Extension of time within which the
Applicant should file a Written Statement of Defence.
(b) The Applicant be given leave to file a Written Statement
of Defence.
(c) An order that the costs in any event should bear the
results of the main suit.
TAKE FURTHER NOTICE that the grounds upon which this application
is based, is supported by the Affidavit of ABASI SSEMWOGERERE the
Applicant but briefly are that:-
(i) That the Applicant/Defendant was in his personal capacity
served with a copy of the Plaint without summons on the 08th
day of May 2025.
(ii) That the Respondents’ will not be prejudiced by the grant of
the extension.
(iii) The justice of the matter requires that the matter be
decided on its merits.
(iv) The Applicant has a plausible defence with a higher
likelihood of success.
(v) It is just and equitable that an application to file the
written statement of defence out of time be granted.
DATED at Masaka this ……………………… day of …………………….. 2025.
_________________
THE APPLICANT
GIVEN under my hand and seal of this Honourable Court this
………………. day of ……………… 2025
______________________________
MAGISTRATE
THE REPUBLIC OF UGANDA
IN THE CHIEF MAGISTRATE’S COURT OF MASAKA AT MASAKA
MISCELLANEOUS APPLICATION NO. ________ OF 2025
[Arising out of Civil Suit No. 64 of 2024]
ABASI SSEMWOGERERE =============================== APPLICANT
-VERSUS-
1. SULAIMAN SEBYALA
2. SSEGUYA DIRISA =============================== RESPONDENT
AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION
I, ABASI SSEMWOGERERE of care of Kabale “B” LC1, Kabale Maguluka
Ward, Kyamulibwa Sub County, Kalungu District
1. I’m the Applicant in this instant Application and swear this
Affidavit in that Capacity.
2. That the Respondents’ filed a plaint in this Honourable Court
on the 12th day of December 2024. (copy of the Plaint is
attached hereto and marked as Annexure A)
3. That the Respondents’ did not take a step to serve the
Applicant with Copy of the plaint and summons as legally
prescribed.
4. That it was not until the 08 day of May 2025, that the
Applicant was served with a copy of a plaint without summons
(see copy of plaint attached “supra”).
5. That I was informed which information I verily believe it to
be true that the time within which to file a written statement
of defence had elapsed, and that I can apply for extension of
time to file a defence.
6. That the Applicant has a plausible defence to the Plaint with
a higher likelihood of success (a copy of the Written
Statement of Defence is attached hereto and marked as annexure
B)
7. That I therefore, swear this affidavit in support of the
Application for Extension of time to file a Defence.
8. That the Respondents’ shall not suffer any damages by the
Grant of the Extension of time to file the Written Statement
of Defence.
9. That what is stated herein above is true and correct to the
best of my knowledge and belief save for Paragraph 5 above the
source of which is disclosed.
CERTIFICATE OF TRANSLATION
I KAWEESA HENRY of Lukaya Town Council, Kalungu District, being
fluent in English and Luganda hereby certify that I have clearly
interpreted the contents of this affidavit to the deponent in
Luganda language and he understood the same before signing the
same.
………………………
KAWEESA HENRY
Affirmed at Masaka by the said;
ABASI SSEMWOGERERE
This …………………… day of…………………… 2025
________________
DEPONENT
BEFORE ME
__________________________
COMMISSIONER FOR OATHS
THE REPUBLIC OF UGANDA
IN THE CHIEF MAGISTRATE’S COURT OF MASAKA AT MASAKA
MISCELLANEOUS APPLICATION NO. ________ OF 2025
[Arising out of Civil Suit No. 64 of 2024]
ABASI SSEMWOGERERE =============================== APPLICANT
-VERSUS-
1. SULAIMAN SEBYALA
2. SSEGUYA DIRISA =============================== RESPONDENT
SUMMARY OF EVIDENCE
Evidence shall be adduced to show that the Applicant has a
plausible defence to the Plaint and that the Respondents’ shall
not be prejudiced with the instant Application.
LIST OF WITNESSES
1. The Applicant
2. Any other with leave of Court
LIST OF DOCUMENTS
1. Copy of the Plaint
2. Copy of the Written Statement of Defence
3. Any other with leave of Court
LIST OF AUTHORITIES
1. Constitution of the Republic of Uganda 1995 (as amended)
2. The Civil Procedure Act Cap 283
3. The Civil Procedure Rule SI 71-1
4. Case law
5. Any other with leave of Court
DATED at Masaka this …………… day of …………………… 2025
________________________
THE APPLICANT
