THE REPUBLIC OF UGANDA
IN THE CHIEF MAGISTRATE’S COURT OF MAKINDYE
AT MAKINDYE
MISCELLANEOUS APPLICATION NO ________ OF 2024
(ARISING OUT OF FAMILY APPEAL NO 007 OF 2024)
FLAVIA KAROLUS __________________________________
APPLICANT
VERSUS
DOUGLAS MOSES ORIT___________________________ RESPONDENT
NOTICE OF MOTION
(Section 73A of the Children (Amendment) Act 2016; Section 98 of the Civil
Procedure Act Cap 71 CAP.71; Order LII Rule 1 of the Civil Procedure Rules
SI 71-1.)
TAKE NOTICE that this Honorable Court shall be moved on the __________
day of ____________________ at __________ O’clock in the forenoon or so soon
after as Counsel for the Applicants may be heard on application for orders
that;
o an interim custody order granting the Applicant custody of both the
children in question be issued (Condoleezza Gabriella Orit aged 11 and
Catherine Gleeson Orit aged 10) pending the determination of Family
Appeal No. 007 of 2024;
o costs for this application be provided for.
TAKE FURTHER NOTICE that this Application is supported by the
Applicant’s Affidavit, hereto attached, which shall be read and relied upon
during the hearing of this Application but briefly, the grounds therein are -
o THAT there is an Appeal by the Applicant against the grant of
custody to the Respondent by the trial court, vide Family Appeal No.
007 of 2024 pending before this Honorable Court.
o THAT the children in issue are all girls and of tender years,
Condoleezza Gabriella Orit aged 11 and Catherine Gleeson Orit aged
10 which renders motherly attention, guidance and love vital for
their welfare.
o THAT the children in issue have medical conditions that have
negligently been addressed by the Respondent considering that he
does not reside with them; and in as such are most likely to suffer
harm from these conditions.
o THAT the children in issue are living in poor conditions and that
sexual attempts have been made against their lives continuously
which is not in the interest of their welfare and safety.
o THAT the children in issue have been physically apart from both
their mother and father for close to a year now which is prejudicial
to their emotional and mental development.
o THAT it is in the best interest of the welfare and safety of the
children that this application is granted.
o THAT the grant of this Application is in the interest of justice.
Dated at Kampala this __________ day of __________ 2024.
______________________________
COUNSEL FOR THE APPLICANT
Lodged in the court registry this __________ day of __________ 2024.
______________________________
CHIEF MAGISTRATE
Drawn & filed by
LAW DEVELOPMENT CENTRE LEGAL AID CLINIC
[Link] 7117
KAMPALA
THE REPUBLIC OF UGANDA
IN THE CHIEF MAGISTRATE’S COURT OF MAKINDYE AT MAKINDYE
CIVIL SUIT NO. 017 OF 2022
MUSIIMWE BETTY
alias Betty Ahimbisibwe :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
PLAINTIFF
VERSUS
1. YUSUF GITTA MBIDDE
2. GITTA RASHIDA KAYIIRA
3. RAINBOW CORNER PRIMARY SCHOOL ::::::::::::::::::::::: DEFENDANTS
AFFIDAVIT OF SERVICE
I, JABERO JACOB, a Court officer of High Court of Uganda attached to the
Chief Magistrate’s court of Makindye and do solemnly swear and state as
follows;-
1. That I am a male adult Ugandan of sound mind with capacity to
swear this affidavit.
2. That on 18th July 2024, I received court documents to wit; SUMMONS
TO FILE A DEFENCE and ORER to be served upon the Defendants.
3. That on the same day I obtained the 1 st Defendant’s phone
number(0772380021) from the Plaintiff’s agent.
4. That I called the 1st Defendant on the above phone number,
introduced myself to him and the reason for my call.
5. That the 1st Defendant directed me to go and serve his Lawyer at
Kasumba, Kugonza & Co. Advocates located at City Complex Luwum
Street eing the fact that it’s a Law firm representing allthe
Defendants.
6. That upon reaching the said address, the receptionist was present, I
introduced myself and the reason for visit to her.
7. That I handed over to her the Defendant’s copy of the SUMMONS TO
FILE A DEFENCE and ORER which she picked and took to the counsel
in personal conduct for approval of receipt.
8. That when the counsel in personal conduct approved receipt, the
secretary receive the SUMMONS TO FILE A DEFENCE and ORER and
signed on the Court’s returned Copy as herewith attached.
9. That, I swear this affidavit stating that the Defendants was duly
served with the copies of SUMMONS TO FILE A DEFENCE and ORER.
10. That whatever I stated herein above is true and correct to the best
of my knowledge and belief.
SWORN at Nakawa Court on this ……….…….day of …………………………...
2024
By the said JABERO JACOB
………………………………………………
DEPONENT
BEFORE ME
………………………………………………………………………..
MAGISTRATE/COMMISSIONER OF OATH
