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THE REPUBLIC OF UGANDA

LAND ACT 1998


THE LAND TRIBUNALS (PROCEDURE) RULES, 2001
(RULE 19)
THE MUKONO DISTRICT LAND TRIBUNAL
CLAIM/APPLICATION NO.094 OF 2003

HARRIET KIWANUKA ::::::::::::::::::::::::::::::::::::::::::: CLAIMANT/PLAINTIFF

VERSUS

1. GALABUZI JAMES ]
2. MASABA HERBERT ] :::::::::::::::::::::::::::::::::::: RESPONDENT/DEFENDANT

1ST RESPONDENT’S WRITTEN STATEMENT OF DEFENCE

1. The 1st Defendant denies each and every allegation contained in the plaint/claim
unless expressly admitted as if the same has been set out seriatim.

2. Paragraphs 1, 2, 3 and 4 are admitted. Save for the 1 st respondent’s address is


C/O M/S Mungoma, Mabonga, Wakhakha & Co. Advocates P.O Box 123,
Mukono.

3. The contents of paragraph 5 are denied in Toto and the claimant shall be put to
strict proof thereof. The 1st respondent shall aver that he does not own land
comprised in Block 107 plot 1124.

4. The contents of paragraph 6 are not within the knowledge of the 1 st respondent.

5. Paragraphs 7, 8, 9 and 10 are admitted in as far as the 1 st respondent sold a


small plot to the claimant which piece of land is not comprised in Block 107 plot
1494. The rest of the contents are denied.

6. Paragraph 11 is partially admitted in as far as the 1 st respondent authorised her


to survey a small piece of land not comprised in Block 107 plot 1494.

7. The contents of paragraph 12 of the claim are hereby denied in toto and the
claimant shall be put to strict proof thereof.

8. Save for the jurisdiction of this Honourable Tribunal the contents of paragraph 13
are denied.
WHEREFORE, the 1st Respondent prays that this Hon. Tribunal be pleased to dismiss
the whole claim with costs.

Dated at Mukono this 4th day of Oct, 2003.

………………………………….………
COUNSEL FOR 1ST RESPONDENT

Lodged in the Registry on this ……….day of …………………2003.

………………………………………….………………
CHAIRMAN/SECRETARY/TRIBUNAL MEMBER

Drawn and filed by:


M/S Mungoma, Mabonga,
Wakhakha & Co. Advocates,
P.O Box 123,
MUKONO.
THE REPUBLIC OF UGANDA
LAND ACT 1998
THE LAND TRIBUNALS (PROCEDURE) RULES, 2001
(RULE 19)
THE MUKONO DISTRICT LAND TRIBUNAL
CLAIM/APPLICATION NO.094 OF 2003

HARRIET KIWANUKA ::::::::::::::::::::::::::::::::::::::::::: CLAIMANT/PLAINTIFF

VERSUS

1. GALABUZI JAMES ]
2. MASABA HERBERT ] :::::::::::::::::::::::::::::::::::: RESPONDENT/DEFENDANT

SECOND RESPONDENT’S WRITTEN STATEMENT OF DEFENCE

1. Save as herein expressly admitted, the 2 nd respondent denies each and every
allegation of fact contained in the claimant’s claim as if the same were set out
verbatim and traversed seriatim.

2. Paragraphs 1, 2, 3, and 4 of the plaint are hereby admitted, save the 2 nd


respondent’s address is C/O M/S Mungoma, Mabonga, Wakhakha & Co.
Advocates P.O Box 123, Mukono.

3. The contents of paragraph 5 of the claim are hereby denied in toto and the
claimant shall be put to strict proof thereof. In further reply to paragraph 5 of the
claim, the 2nd respondent states that he has never purchased land from what the
claimant claims.

4. The contents of paragraphs 6, 7 and 8 of the claim are not within the knowledge
of the 2nd respondent and the claim shall be put to strict proof thereof.

5. The contents of paragraphs 9, 10 and 11 of the claim are not within the
knowledge of the 2nd respondent and the claimant shall be put to restrict proof
thereof.

6. The contents of paragraph 12 of the claim are denied in toto and the claimant
shall be put to strict proof thereof. In further reply to paragraph 12 of the claim,
the 2nd respondent states that he has never purchased land from the 1 st
respondent as alleged.

7. The 2nd respondent states that the claimant has no cause of action against him.
The claim against the 2nd respondent is misconceived, an abuse of Court process
and a preliminary objection shall be raised at the trial.
WHEREFORE, the 2nd respondent prays this Honourable Tribunal be pleased to
dismiss the whole claim with costs.

Dated at Mukono this ………day of …………………2003.

………………………………….…………..
COUNSEL FOR THE 2ND RESPONDENT

Lodged in the Registry this……..day of ………………….2003.

…………………………………………………….
CHAIRMAN/SECRETARY LAND TRIBUNAL

Drawn & filed by:


M/S Mungoma, Mabonga,
Wakhakha & Co. Advocates,
P.O Box 123,
Mukono.
THE REPUBLIC OF UGANDA
LAND ACT 1998
THE LAND TRIBUNALS (PROCEDURE) RULES, 2001
(RULE 19)
THE MUKONO DISTRICT LAND TRIBUNAL
CLAIM/APPLICATION NO.094 OF 2003

HARRIET KIWANUKA ::::::::::::::::::::::::::::::::::::::::::: CLAIMANT/PLAINTIFF

VERSUS

1. GALABUZI JAMES ]
2. MASABA HERBERT ] :::::::::::::::::::::::::::::::::::: RESPONDENT/DEFENDANT

1ST AND 2ND RESPONDENTS’ SUMMARY OF EVIDENCE, LIST OF WITNESSES,


LIST OF DOCUMENTS AND LIST OF AUTHORITIES

Evidence shall be adduced to show that the 1 st Respondent never sold the claimant’s
Kibanja/Land comprised in Block 107 Plot 1494.

Evidence shall be adduced to show that the 1 st Respondent sold a small piece of
land/kibanja to the claimant but not on Block 107, plot 1494.

Evidence shall be led to show that the 2 nd respondent has never purchased land from
the 1st respondent and that the claim against him has no merit at all.

LIST OF WITNESSES
1. Galabuzi James Mukasa
2. Masaba Herbert
3. Nabukera Christine
4. Others with the leave of Court

LIST OF DOCUMENTS
1. The claimant’s documents if any
2. The sale agreement dated 15/7/2003
3. A transfer by the 1st respondent in respondent in Block 107 plot 1494 dated 15/7/2003.
4. Others with the leave of Court.

LIST OF AUTHORITIES
1. The Evidence Act Cap 43
2. The Civil Procedure Act Cap 65
3. The Civil Procedure Rules S1 65-3
4. The Land Act, 1998 and the Regulations made thereto.
5. Others with the leave of Court.
Dated at Mukono this ……….day of …………………..2003.

……………………………………………………………
COUNSEL FOR THE 1ST AND 2ND RESPONDENT

Drawn and filed by:


M/S Mungoma, Mabonga,
Wakhakha & Co. Advocates,
P.O Box 123,
MUKONO.
THE REPUBLIC OF UGANDA
LAND ACT 1998
THE LAND TRIBUNALS (PROCEDURE) RULES, 2002
[RULE 55 (4)]
IN THE MUKONO DISTRICT LAND TRIBUNAL
APPLICATION NO.011 OF 2003
[Arising from Claim/Application No.094 of 2003]

KIWANUKA HARRIET :::::::::::::::::::::::::::::::::::::::::::::::::::: APPLICANT

VERSUS

1. GALABUZI JAMES ]
2. MASABA HERBERT ] ::::::::::::::::::::::::::::::::::::::::::::::::: RESPONDENTS

AFFIDAVIT IN REPLY

I GALABUZI JAMES of C/O M/S Mungoma, Mabonga, Wakhakha & Co. Advocates P.O Box
123, Mukono do solemnly make oath and state as hereunder:-

1. I am an adult male Ugandan of full age and depone to the contents herein in that capacity.

2. I have had the opportunity of perusing the applicant’s application plus its supporting
affidavit which is tainted with falsehoods, an abuse of Court process and make a reply in
opposition thereto.

3. Paragraphs 1 and 2 of the affidavit in support of the application is not within my


knowledge.

4. In specific reply to paragraph 3 of the affidavit in support of the application, the contents
contained therein are false. The 2nd respondent is not carrying out any developments on
land described as Block 107 plot 1124 since the same is non existent.

5. Paragraph 4 of the affidavit is false as there is no damage occasioned or will be


occasioned to the applicant as alleged therein.

6. The applicant has no chances of succeeding in the main suit/claim filed in this Tribunal.
It is admitted that the 2nd respondent has no interest at all whatsoever in land comprised in
Block 107 Pot 1494 and in Block 107 plot 1124.

7. There are no sufficient grounds disclosed to warrant grant of the orders sought by the
applicant.
8. I swear this affidavit in opposition of miscellaneous application No.11/2003 which is
tainted with a lot of falsehoods, an abuse of Court process and the same should be
dismissed with costs.

9. What is deponed to herein is true and correct to the best of my knowledge and belief.

Sworn at Mukono by the ]


said GALABUZI JAMES ]
this …….day of ……….. ]
2003. ] ………………………………………
DEPONENT

BEFORE ME:

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

Drawn & filed by:


M/S Mungoma, Mabonga,
Wakhakha & Co. Advocates,
P.O Box 123,
Mukono.
THE REPUBLIC OF UGANDA
LAND ACT 1998
THE LAND TRIBUNALS (PROCEDURE) RULES, 2002
[RULE 55 (4)]
IN THE MUKONO DISTRICT LAND TRIBUNAL
APPLICATION NO.011 OF 2003
[Arising from Claim/Application No.094 of 2003]

KIWANUKA HARRIET :::::::::::::::::::::::::::::::::::::::::::::::::::: APPLICANT

VERSUS

1. GALABUZI JAMES ]
2. MASABA HERBERT ] ::::::::::::::::::::::::::::::::::::::::::::::::: RESPONDENTS

AFFIDAVIT IN REPLY

I MASABA HERBERT of C/O M/S Mungoma, Mabonga, Wakhakha & Co. Advocates, P.O
Box 123, Mukono do solemnly make oath and state as hereunder:-

1. I am an adult of full age and depone to the contents herein in that capacity.

2. I have had the opportunity of perusing the applicant’s application plus its supporting
affidavit which are tainted with falsehoods an abuse of Court process and make a reply in
opposition thereto.

3. The contents of paragraphs 1 and 2 of the affidavit in support of the application are not
within my knowledge.

4. In specific reply to paragraph 3 of the affidavit in support, the contents therein are false
as I am not erecting any structures on the land described as Block 107 plot 1124. I have
never purchased land from the 1st respondent at all which I am developing.

5. The contents of paragraph 4 of the affidavit in supporting of the application are hanging
as they do not point to any direction at all.

6. The claim has no chances of success against me at all as I am a wrong party to the suit.

7. There are no sufficient grounds disclosed to warrant grant of the orders sought by the
applicant.

8. I swear this affidavit in opposition of miscellaneous application No.11/2003 which is


tainted with falsehoods, an abuse of Court process and the same should be dismissed with
costs.
9. What is deponed to herein is true and correct to the best of my knowledge and belief.

Sworn at Mukono this ]


…….day of …………. ]
2003 by the said ]
MASABA HERBERT ] ………………………………………
DEPONENT

BEFORE ME:-

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

Drawn & filed by:


M/S Mungoma, Mabonga,
Wakhakha & Co. Advocates,
P.O Box 123,
Mukono.
THE REPUBLIC OF UGANDA
LAND ACT 1998
THE LAND TRIBUNALS (PROCEDURE) RULES, 2002
[RULE 55 (4)]
IN THE MUKONO DISTRICT LAND TRIBUNAL
APPLICATION NO.011 OF 2003
[Arising from Claim/Application No.094 of 2003]

KIWANUKA HARRIET :::::::::::::::::::::::::::::::::::::::::::::::::::: APPLICANT

VERSUS

1. GALABUZI JAMES ]
2. MASABA HERBERT ] ::::::::::::::::::::::::::::::::::::::::::::::::: RESPONDENTS

SUMMARY OF EVIDENCE

Evidence shall be adduced to show that the applicant has no chances of succeeding in the main
claim/suit.

Evidence shall be adduced to show that the 2nd respondent is a wrong party to the suit.

Evidence shall be adduced to show that the applicant has not disclosed sufficient grounds to
warrant grant of the orders sought.

LIST OF DOCUMENTS
1. Applicants documents if any
2. Sale agreements
3. Transfer form
4. Others with the leave of Court

LIST OF WITNESSES
1. Galabuzi James
2. Masaba Herbert
3. Nabukera Christine
4. Others with the leave of Court.

LIST OF AUTHORITIES
1. The Land Act, 1998 and the Regulations made there under
2. The Civil Procedure Act Cap 65
3. The Civil Procedure Rules S1 65-3
4. The Evidence Act Cap 43
5. The Registration of Title Act Cap 205
6. Others with the leave of Court if any.
Dated at Mukono this ………day of ……………… 2003.

…………………………………………….
COUNSEL FOR THE RESPONDENTS

Drawn & filed by:


M/S Mungoma, Mabonga,
Wakhakha & Co. Advocates,
P.O Box 123,
Mukono.

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