THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT NAKAWA

(LAND DIVISION)
MISCELLANEOUS APPLICATION NOOF 2008
(ARISING FROM MISCELLANEOUS APLICATION NO. 341 OF 2007)
(ARISING FROM CIVIL SUIT NO. 341 OF 2007)
KEVINA NAMAGEMBE ... APPLICANT
ADMINISTRATOR GENERAL

VERSUS
.... RESPONDENT
NOTICE OF MOTION

[Under S. 98 of the C.P.A, Cap 71 & Order O. 52 rr. 1, 2 & 3 of the Civil Procedure Rules]
TAKE NOTICE that on the __________ day of ________________ 2008 at _________ oclock in the
morning/afternoon or as soon after as Counsel for the Applicant shall be heard, this Court will be moved for
orders that:a) An interim order for stay of execution issues against the Respondent restraining him from
executing the Decree which he extracted out of H.C.C.S No. 341 of 2007 until the main Application
for stay of execution is heard and disposed of;
b). The costs of and incidental to this Application abide the result of the application.
TAKE NOTICE that the grounds of this application are set out in the Affidavit of Kevina Nantume attached
hereto which shall be read and relied on at the hearing but briefly they are stated as hereunder:
1.

On the 17th day of September 2007, the respondent filed civil suit no. 341 of 2007 against the
Applicant.

2.

The Applicant filed a written statement of defence in respect of the above mentioned suit on 5 th
October 2007.

3.

That the above mentioned suit according to the applicant has not been fixed for hearing.

4.

That the Applicant was surprised to be served with a decree to the effect that the Applicant gives
vacant possession of the land comprised in kibuga Block 237 plot 1190 situate at Kireka the
property of the late Namagembe Ester.

5.

That the Applicant has filed an application for stay of execution pending hearing of the application
on its merits.

6.

That the Applicant has good chances of succeeding in the above said application which would be
rendered nugatory if the execution process is continued with.

7.

The Respondent is threatening to execute against the Applicant any time from today.

8.

That if the execution in the said suit is not stayed, the Applicant will suffer irreparable loss, by being
made to pay colossal sums which are unjustifiable and may not be recoverable from the
Respondent.

9.

That the interim application for stay of execution has been made without undue delay.

10.

That it is in the interest of Justice that an Interim stay of execution be granted pending the hearing
of the main application.

11.

It is just, fair and equitable and the dictates of natural justice would demand that the Application be
granted.

DATED at Kampala this . . Day of 2008.

__________________________
COUNSEL FOR THE APPLICANT
GIVEN under my hand and the seal of the Court this day of , 2008.
.
DEPUTY REGISTRAR
Drawn & Filed By:
Messrs Katende, Ssempebwa & Co.
Advocates, Solicitors & Legal Consultants
P.O. Box 2344
KAMPALA
ANM/NHM
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT NAKAWA
(LAND DIVISION)

MISCELLANEOUS APPLICATION NOOF 2008

(ARISING FROM MISCELLANEOUS APLICATION NO. 341 OF 2007)
(ARISING FROM CIVIL SUIT NO. 341 OF 2007)
KEVINA NAMAGEMBE ... APPLICANT
VERSUS
ADMINISTRATOR GENERAL

.... RESPONDENT

AFFIDAVIT IN SUPPORT OF THE NOTICE OF MOTION

I, KEVINA NANTUME of care of Messrs Katende Ssempebwa & Company Advocates P. O. Box 2344
Kampala do hereby solemnly make oath and state as follows:
1.

That I am an adult female Ugandan of sound mind, Applicant in the above matter familiar with the
facts of this case and hence competent to swear to the contents of this affidavit.

2.

The Applicant has filed an application for stay of execution pending the hearing of the Application on
its merits.

3.

That the Applicant has good chances of succeeding in the above said application which would be
rendered nugatory if the execution process is continued with.

4.

The Respondent is threatening to execute against the Applicant any time from today. Photocopies of
the Warrant of attachment to the Bailiff to give possession of land is attached hereto and marked as
Annexure A.

5.

That if the execution in the above mentioned suit is not stayed, the Applicant will suffer irreparable
loss, by being made to pay colossal sums which are unjustifiable and may not be recoverable from
the Respondent.

6.

The Applicant was not served with hearing notices in respect of civil suit 341 of 2007 out of which
execution arises.

7.

That the application for stay of execution has been made without undue delay.

8.

That it is in the interest of Justice that an Interim stay of execution be granted pending the hearing of
the main application.

9.

It is just, fair and equitable and the dictates of natural justice would demand that the Application be
granted.

10.

That I am further informed by the Applicants Advocates, Messrs Katende, Ssempebwa & Co.
Advocates which information I verily believe to be true that this Application has been brought without
undue delay and that if it is not allowed the Applicant would suffer a great loss.

11.

That is in the best interests of justice, equity and fairness that the Applicant should be granted an
interim order for stay of execution until the main application for stay of execution, that has been filed
by me, which has high chances of success, is finally heard and disposed of.

12.

That if this Application is not granted, the Applicant will be gravely prejudiced and there shall be a
miscarriage of justice as it will be deprived of its property without being heard.

13.

That I swear this Affidavit in support of the Application for an Interim stay of execution.

14.

That what is stated herein above is true to the best of my knowledge save for what is stated in
paragraph 10 which is true to the best of my information the source of which is herein disclosed.

WHEREFORE I swear this Affidavit in support of the Notice of Motion of the Applicant for an interim stay of
execution pending the hearing of the Main application on its merits.
SWORN by the said
KEVINA NANTUME

At Kampala this____ day of July 2008

__________________
DEPONENT

Before me:
____________________________
COMMISSIONER FOR OATHS
Drawn and Filed by:
Messrs. Katende, Ssempebwa and Company
Advocates, Solicitors and Legal Consultants
P. O. Box 2344
KAMPALA
ANM/NHM.
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT NAKAWA
(LAND DIVISION)
MISCELLANEOUS APPLICATION NOOF 2008
(ARISING FROM MISCELLANEOUS APLICATION NO. 341 OF 2007)

(ARISING FROM CIVIL SUIT NO. 341 OF 2007)

KEVINA NAMAGEMBE ... APPLICANT
VERSUS
ADMINISTRATOR GENERAL

.... RESPONDENT

SUMMARY OF EVIDENCE
That the Applicant shall produce evidence to show that;
a) That after the late Mary Namagembes death, on 9 th July 1993, the Respondent requested the
Applicant to stop collecting rent from the Lates estate for the period of 7 years from 1994 to 2001.
b) That on several occasions, the Applicant requested the Respondent to furnish her share of the
rent proceeds but to no vail.
c) That in 2006, the Respondent invited the Applicant at his office to receive payment.
d) That the Applicant went to the Respondent and received Ushs 6,600,000/= under the belief that
she was receiving her share of the proceeds from the rent collected from the Lates estate by the
Respondent from 1994 to 2001.
e) That the payment voucher issued by the Respondent was ambiguous with reference to the column
for details of payment, the voucher states that the payment was made in respect of benefits not for
the sale of any property. The word benefits could either be interpreted as benefits from the rent
or sale of the estate. (a photocopy of the said voucher is attached hereto and marked as annexure
A).
f)

That the Respondent as the Administrator of the estate owed the Applicant a duty to explain to her
in clear terms which payment he was issuing since her share of the benefits from the rent were still
outstanding and the fact that the Applicant was never a party to the deed of agreement that gave
the Respondent powers to sell the Lates estate.

g) That the sell of the said property was fraudulent due to the fact that as one of the beneficiaries, the
heir to the Lates estate and the bonafide occupant of the said property she was never informed
about the sale and never did she sign the deed of agreement.
h) That the Applicant has never been served with hearing notices in respect of the suit out of which
execution arises.
LIST OF WITNESSES:

1.
2.

the Applicant
Any other with leave of Court.

LIST OF DOCUMENTS
1. Annextures to the Application
2. any other with leave of the Court.
LIST OF AUTHORITIES:
1.

Civil Procedure Act cap 71

2.

Civil Procedure Rules S.I. 71 1.

3.

Judicature Act.

4.

the Land Act

DATED at Kampala thisday of.2008.

__________________________________
COUNSEL FOR THE APPLICANT
Drawn and Filed by
Messrs. Katende, Ssempebwa and Company
Advocates, Solicitors and Legal Consultants
P. O. Box 2344
KAMPALA
ANH/NHM.