THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT MUBENDE

MISCELLANEOUS APPLICATION NO 040 OF 2023

(ARISING FROM CIVIL SUIT NO. 1 OF 2023)

GUNSANZE PAUL:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
APPLICANT

VERSUS

PRAKEESH SINGH:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::RESPONDENT

AFFIDAVIT IN SUPPORT OF CHAMBER SUMMONS

I, GUNSANZE PAUL of C/O M/S LUTAAYA & CO. ADVOCATES, Plot 14 Kampala
Road, P.O BOX 422 KAMPALA do hereby solemnly affirm and state as hereunder:

1. THAT I am a Male adult Ugandan of sound mind, the Applicant in this application
and I swear this affidavit in that capacity.

2. THAT I am a son to the late Gunsanze John Bosco who is the registered proprietor of
the suit land and I am therefore a beneficiary of the same.

3. THAT the respondent claims that he bought 18 acres out of Singo Block 32 Plot 5
Kajjoji Village Mityana District which measures approximately 165 acres from my
late father in 2019.

4. THAT my father was bed ridden and very ill in 2019 and therefore could not have
participated in the sale of the said 18 acres.

5. THAT my father was also an illiterate man, he could not read and write and therefore
could not have purportedly signed the sale documents.

6. THAT the Respondent has already cleared about two acres of the alleged 18 acres and
has already deployed a team of men with instructions to demolish the existing
building and cut down the plantations on the suit land.

7. THAT the Respondent’s workers/agents have already destroyed and cut down 4
Jakaranda trees, 5 Avocado trees and twelve banana stems and are threatening to clear
the whole 18 acres.
 8. THAT I and my family members have been leaving on this land since 1976 when my
late further got registered on the subject land, we therefore treat it as our family
property and land with adverse attachments.

9. There is a sufficient cause on why the temporary injunction should be issued as the
suit property and its developments and plants are in danger of being destroyed.

10. The Applicant has filed a suit against the Respondent which is likely to take long
before it is disposed of and if a temporary injunction is not granted by the time the
suit is disposed of, the Respondent will have tampered with the suit Land.

11. The main suit raises serious issues that merit judicial consideration with high
likelihood of success.

12. That the main suit pending in court for consolidation is likely to take long to be
disposed of and if this application is not granted, by the time the main suit is disposed
of the subject land would have been cleared and destroyed which will render this
application nugatory.

13. THAT if the Respondent goes ahead and clears the 18 acres, he will cause irreparable
damage to my whole family since the property inhabits our greatest memories and
attachment. I am advised by my Lawyers, LUTAAYA & CO. ADVOCATES which
advice I believe to be true that the suit raises issues that merit investigations through a
trial, with high likelihood of success.

14. That I depone this Affidavit in support of the application for temporary injunction
pending the hearing, determination and disposal of the main suit.

15. That I swear this affidavit in support of the application for a temporary injunction, and
whatever I have stated herein is true to the best of my knowledge and belief as
disclosed.

SWORN at Kampala on this 7th day of February, 2023 by the said;

GUNSANZE PAUL

DEPONENT

BEFORE ME
 KENEDDY PAUL
_______________________________________________
COMMISSIONER FOR OATHS
COMMISSIONER FOR OATHS

DRAWN & FILED BY:

M/s Lutaaya & Co. Advocates,
Plot 14 Kampala Road,
P.O. Box 422, Kampala.