THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

[FAMILY DIVISION]
CIVIL SUIT No.01 of 2023
[ARISING FROM ADMINISTRATION CAUSE No.012 of 2023]

MAIMUNA OKELLO::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF

VERSUS
KULSUM OKELLO:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: DEFENDANT

TRIAL BUNDLE

INDEX

No. Documents Exhibit No. Page

1. PLAINT

3. Summary of evidence PE. 1

4. PE. 2

6. Witness statement P.E 3

7.

8.

Dated at Kampala this 1h day of March 2023

 THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT MUKONO
CIVIL SUIT No.01 of 2023
MONALISA KYAKULAGA ::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF
VERSUS
GERALD KYAKULAGA :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: DEFENDANT

PLAINT
1. The plaintiff is a female adult Ugandan of sound mind whose address for
the purpose of this suit shall be C/o M/s Umar, Enid & Co. Advocates, Mini
Plaza Plot 23, Kampala Road.
2. The defendant is a male adult Ugandan presumed to be of sound mind a
resident of seta, Ggwafu zone in Mukono district and the plaintiff’s
advocates undertake to effect service of court process on the defendant.
3. The plaintiff’s claim against the defendant is for;
a) An order of revocation of letters of administration vide HCT-00-FD-
AC-280 of 2019.
b) An order of cancellation of all transactions made by the defendant
on the titles of the estate of the late maria luwedde
c) An order directing the registrar of titles to cancel the names of the
defendant from the certificate of tittles of the estate of the late
maria luwedde
d) A permanent injunction restraining the defendant from any other
dealings in the estate of the late maria luwedde
e) Costs of the suit.
4. The facts constituting the cause of action arose as follows;
a) The plaintiff is a biological daughter of the late maria luwedde who
died intestate on the 20th day of April,2018. (A copy of death
certificate are hereto attached and marked annexure AA )
b) The deceased is survived by the following beneficiaries;
Monalisa kyakulaga aged 29(daughter), Gerald kyakulaga 28
years old (son), godffrey kyakulaga aged 25 (son), maria
kyakulaga aged 23 (daughter), tendo kyakulaga aged 15
(daughter), and kisakye kyakulaga aged 15 (daughter).
[Photocopy of there birth certificate are hereto attached and
marked as annexure ‘BB’].
c) The deceased left the following property;
i. Kyagwe block 230 plot 165 located in mukono on which land
we used to live with our mother worth 1.5 Billion Uganda
Shillings.
ii. A eucalyptus forest on 20 acre piece of land at Nama kyagwe
block 123 plot 40
iii. A commercial plot in mukono measuring one acre kyagwe
block 234 plot 120 with a building on which national water and
sewerage corporation rents.
iv. Seven apartments built on a plot of land in jinja city.

d) That without knowledge of the plaintiffs and beneficiaries the

defendant acquired letters of administration from this honorable

court vivid administration cause HCT-00-FD-AC-280 OF 2019.
Attached is a copy of the grant marked annexure AA.
e) That at the time of acquiring the said letters of administration the

plaintiff and the beneficiaries had no knowledge on any foregoing.

 f) That without knowledge of the plaintiffs the defendant has sold off
the biggest part of the estate without giving any accountability
g) That the defendant has since then been collecting rent from
deceased’s buildings including one in jinja which fetches about 20
million per year.
h) That my mother’s former workmate informed that different inspect
the land at Nama on a daily basis and a famous real property broker
whom I know closely disclosed to me that Gerald asked him to find
buyers for this land for a brokerage of 10% of the purchase price.
i) That the defendant has sold our mother’s land known as kyagwe
block 230 plot 165, kyagwe block 123 plot 40 and kyagwe block 234
plot 120 to marble kasente which is registered in her names.

PARTICULARS OF FRAUD
a) The deceased died intestate but the defendant went ahead to obtain
letters of administration.
b) The defendant did not disclose all the children of the deassed at the
time of applying for the said letters of administration.
c) Failure of the defendant to coven a family to clearly show how the
estate is being distributed.
5. The notice of intention to sue was duly served on the defendant who
ignored the same. [A copy of the notice is hereto attached and marked
annexure N]
6. The plaintiff asserts that if the defendant’s letters of administration are not
revoked the estate it will go to waste and to the detriment of the
beneficiaries.
7. This honourable court is vested with jurisdiction to hear and determine this
matter.
 WHEREFORE; the Plaintiff prays that judgment be entered against the
defendant for:

(a) An order of revocation of letters of administration vide HCT-00-FD-AC-

280 of 2019.
(b) An order of cancellation of all transactions made by the defendant on
the titles of the estate of the late maria luwedde
(c) An order directing the registrar of titles to cancel the names of the
defendant from the certificate of tittles of the estate of the late maria
luwedde
(d) A permanent injunction restraining the defendant from any other
dealings in the estate of the late maria luwedde
(e) Costs of the suit

DATED at Kampala this 27th day of February, 2023

____________edwin,kevin,yasin_____________

BWENGYE & CO. ADVOCATES

(COUNSEL FOR THE PLAINTIFF)

Drawn & filed by:

M/s Bwengye & Co. Advocates,

Oloya Plaza, Plot 23, Kampala Road.

 THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT MUKONO

CIVIL SUIT No.01 of 2023

MONALISA KYAKULAGA ::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF

VERSUS

GERALD KYAKULAGA :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: DEFENDANT

SUMMARY OF EVIDENCE

The plaintiff will adduce evidence to show that she gave notice to the defendant
seeking revocation against the of letters of administration which refused to honor.

LIST OF DOCUMENTS

b) The grant for letters of Administration

c) The death Certificate of Maria Luwedde

e) Birth certificate of Monalisa Kyakulaga

f) The notice of intention to sue

LIST OF WITNESSES

Maimuna Okello

LIST OF AUTHORITIES

The 1995 constitution of the Republic of Uganda

The Evidence Act Cap 6

The succession Act Cap 162 as amended

The Civil procedure ruleS

The judicature Act Cap 13

 C/O Enid & Umar CO. ADVOCATES
MINI PLAZA,
PLOT 23, KAMPALA ROAD.

1TH APRIL, 2023.

Our Ref;

To; GERALD KYAKULAGA

Dear Sir

RE. NOTICE OF INTENTION TO SUE.

We act for and on behalf of MONALISA KYAKULAGA, (herein our “client”) on whose
instructions we issue the communique herein.

Our client, a daughter of the late Maria Luwedde who died intestate on the 20 April 2018 applied

She is aggrieved by the fact that you fraudulently acquired the letters of administration of her
late mothers’ estate and you have mishandled and sold off the deceased estate without the
consent of the beneficiaries.

The purpose of this letter therefore is to demand as we hereby do, for you to surrender the letter
of administration you fraudulently obtained and cancel any dealing on the estate of the deceased.

TAKE NOTICE that if you fail to heed our clients demands herein within fourteen days from
the date of receipt of this letter, we have stern instructions to institute legal proceedings against
you for revocation of the same without further notice to you, at your cost and peril.

Yours sincerely

---------------Umar&Enid--------------
 THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT MUKONO

CIVIL SUIT No.01 of 2023

MONALISA KYAKULAGA ::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF

VERSUS

GERALD KYAKULAGA :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: DEFENDANT

SUMMONS TO FILE DEFENSE

TO: GERALD KYAKULAGA

WHEREAS the above - named plaintiff has instituted a suit against you upon the
claim particulars of which are set out in the copy of the Plaint attached hereto.
YOU ARE HEREBY required to file your Written Statement of Defense in the said suit
within fifteen (15) days from the date of service of summons on you in the
manner prescribed under Order 9 rule 1 of the Civil Procedure Rules.
Should you fail to file your defense on or before the date mentioned, the plaintiff
may proceed with the suit and judgment may be given in your absence.

GIVEN under my hand and the Seal of the Court this 2nd day of March 2023.

………………...........................
REGISTRAR