THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT JINJA
MISC. CAUSE NO. ………… OF 2020.
(Arising from Jinja Chief Magistrate’s Court LD CS No.0065 of 2019)
SSEMBATYA MUSA ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: APPLICANT
VERSUS
KAMBO ASUMAN
NANKINGA NURU
KAZINGIRIZA ISAAC
COMMISSIONER LAND REGISTRATION:::::::::::::::::::::: RESPONDENT.
NOTICE OF MOTION (EXPARTE)
(Brought under S.177R.T.A Cp230, S. 33 Judicature Act Cap 16 S.98 CPA
and O.52R1, 2&3 CPR S1 71-1).
Take Notice that on this ……………………….. day of ………………………..
2019 at ……………………………..forenoon/afternoon, this honorable Court
shall be moved by Applicant for orders that:-
1. Consequential/vesting orders arising from the judgment of His
Worship Amon Mugezi, Magistrate Grade 1, in Land Civil Suit No.
0065 of 2019 be granted and the Applicant be registered on the
Certificate of Title as the registered proprietor, and be issued a
Special Certificate of Title for Plot 17 Park rise in Jinja Central, Jinja
District.
2. Costs of this application be granted.
TAKE NOTICE that the grounds of this application are contained in the
affidavit of the Applicant but briefly are that:-
1. The Applicant was declared the owner of Plot 17 Park rise in Jinja
Central, Jinja District vide Land Civil Suit No. 0065 of 2019 of Jinja
Chief Magistrate’s Court.
2. That it is necessary to rectify, amend or cancel the 3 rd respondent’s
Certificate of Title comprised on Plot 17 Park rise in Jinja Central,
Jinja District to enable issuance of the Applicant’s Certificate of title
for the same plot.
3. That it is in the interest of justice of this application be granted.
Dated at Jinja this …….day of ……………………………….2020.
------------------------------------------------
APPLICANT.
GIVEN UNDER my hand and the seal of the court this…………….........
day of ………………………2020.
Drawn and filed by.
Ssembatya Musa
[Link] 879, Jinja
Plot 22 Kirinya Road, Jinja.
0772-33016.
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT JINJA
MISC. CAUSE NO. ………… OF 2020.
(Arising from Jinja Chief Magistrate’s Court LD CS No.0065 of 2019)
SSEMBATYA MUSA ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: APPLICANT
VERSUS
KAMBO ASUMAN
NANKINGA NURU
KAZINGIRIZA ISAAC
COMMISSIONER LAND REGISTRATION:::::::::::::::::::::: RESPONDENT.
AFFIDAVIT IN SUPPORT.
I, SEMBATYA MUSA of [Link] 879 Jinja, Jinja Municipality do hereby
solemnly affirm and state the following:
1. That I am an adult Ugandan of sound mind and the Applicant herein,
in which capacity, I affirm this affidavit.
2. That I sued the Respondents in and Civil Suit No. 0065 of 2019 in
Jinja Chief Magistrate’s Court for declaration that the acts of the 1 st
and 2nd defendant were fraudulent, declaration of breach of contract,
order for specific performance, an order directing the 4 th respondent
to cancel registration of Plot 17 Park rise in Jinja Central, Jinja
District in the name of the 3rd respondent, order directing the 4th
respondent to register me as the proprietor. The matter was
concluded by consent judgment in my favor which is attached hereto
as Annexure “A”.
3. That, it is necessary to issue Consequential/vesting order effecting
the said lower court judgment by ordering the issuance of orders
against the 4th respondent to enable me obtain Certificate of Title for
my Plot 17 Park rise in Jinja Central, Jinja District.
4. That prior to suing the respondents, I had entered an agreement of
sale of Plot 17 Park rise in Jinja Central, Jinja District at 15 million
but later I found out that the suit land was without my consent
registered in the names of the 3 rd respondent (son to the 1st
respondent) VIDE REGD 13/04/2017 INST JJA-00012152 – VOLUME
JJA331 FOLIO 14. A copy of the Certificate of Title is hereto attached
and marked annexure “B”.
5. That since I was declared the rightful owner of the land, it is in the
interest of justice that I carry on the process of acquiring the
Certificate of title of the plot.
6. That a consequential/vesting order to be issued directing the 4 th
respondent to register me on the Certificate of Title as the proprietor
of the said plot and that a Special Certificate of Title be issued by the
Commissioner Land Registration.
7. That whatever is stated here is correct to the best of my knowledge
8. Affirmed at Jinja this…….day of …………………2020.
------------------------
DEPONENT.
BEFORE ME:
……………………………..…………………………
COMMISSIONER OF OATHS/MAGISTRATE
Drawn and filed by.
Ssembatya Musa
[Link] 879, Jinja
Plot 22 Kirinya Road, Jinja.
0772-33016.
