THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

(LAND DIVISION)

OS CIVIL SUIT NO. OF 2014

IN THE MATTER OF SECTION 98 OF THE CIVIL PROCEDURE ACT, CAP 71 AND

CIVIL PROCEDURE RULES SI 71-3 AS AMENDED

-Between -

1. XXXXX
2. YYYYY
3.GGGG
4. SSSSS ................. PLAINTIFF
5. KKKK (Administrators
of the Estate of the
6. VVVV late NNNN)

- And -

1. HOUSING FINANCE BANK LTD }

2. FFFFF } ..................................................................................... DEFENDANT

ORIGINATING SUMMONS

(Under O. 37, r. 1(a), (e) and (g) of the Civil Procedure Rules SI 71-3 as amended)

TO: 1. Housing Finance Bank Ltd

2. FFFF

WHEREAS:

The above named XXXXX,YYYYY, GGGG, SSSSS

and the late NNNN, (RIP) are tenants in common with FFFF, the 2nd respondent of land
comprised in Leasehold Register Volume .. Folio …Plot … Sikh Lane, Nakasero, Kampala ;

1. KKKK and VVVV, the 5th and 6th applicants are Administrators of the Estate of the late
NNNN vide Letters of Administration in High Court Administration Cause No. . of
who was a tenant in common with the 1st to 4th applicants and the 2nd respondent;

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2. The applicants and the 2nd respondent are the owners of land comprised in Leasehold
Register Volume ..Folio .Plot ..Sikh Lane, Nakasero, Kampala (hereinafter referred
to as “the suit property”);

3. The certificate of title was mortgaged to the 1 st respondent to secure financing for the
purchase of the property by the applicants and the 2nd respondent as joint owners.

4. The applicants and 2nd respondent were to jointly and proportionately contribute to the
servicing of the loan.

5. The applicants and 2nd respondent would fail to raise their contribution at the same time
to service the loan on schedule resulting in default which would eventually have led to
the recall of the loan and sale of the security.

6. Due to their failure o service the loan, the applicants assigned and surrendered their
interest and estate as tenants in common to a one BBBBBB who paid off their portion of
the mortgage debt.

7. The applicants commenced the process of mutation which was consented to by Uganda
Land Commission as the owner of the head lease.

8. The mutation and sub-division was completed and accordingly each joint owner is
entitled to 0.0…Hectare or 0… Acre as his/her share in the suit property.

9. The applicants having also individually sold their portions to BBBBi preferred to merge
their interest in the 5 portions thereby creating Plots.., …, … and … measuring 0.0 ,
0.0.., 0.0.., 0.0.. and 0.0.. leaving Plot … measuring 0.0.. Hectare to the 2nd respondent.

10. The applicants have fully repaid and there is no debt due and owing to the 2 nd respondent
in respect of the mortgage.

11. The applicants sought to get the certificate of title from the 2 nd respondent for purposes of
effecting the registration of the mutation and sub-division and acquisition of titles for the
sub-divided portion.

12. The 2nd respondent objected to the surrender of the certificate of title and prevailed on the
1st respondent which refused the request and are holding on the certificate of title without
any further legal or equitable interest therein.

13. The 2nd respondent has without any consent applied for a re-survey and sub-division of
the land and signed on the applicants’ behalf without their authority.

14. The 2nd respondent has always informed the applicants that their portion of the land is
limited to where their houses are located and the rest of the land is his, contrary to their
understanding at the time of acquisition of the suit land.

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 15. The 2nd respondent’s view is inconsistent with the principle and idea of tenants in
common under which the land and property was owned.

16. Kampala Capital City Authority had under the Health Act, Cap. 281 issued the applicants
with notice declaring the suit property a nuisance and requiring the applicants to abate the
nuisance by demolishing the property and redeveloping the land to a sound and storeyed
building.

17. There are illegal occupants viz food vendors whose activities render the applicants liable
for breach of the law.

18. The suit property is now in imminent danger of being demolished as nothing can be done
without the certificate of title.

19. The applicants are obliged to handover and deliver a certificate of title for their
subdivided portion to BBBB to whom they sold, assigned and transferred all their interest
as tenants in common.

20. The applicants need the certificate of title released so that the mutation and sub-division
can be completed and they handover the certificate of title for their portion to BBBB.

TAKE NOTICE, THEREFORE, that the applicants as owners of the suit property have
applied for the determination by this Honourable Court of the following questions and/or issues:

1. Whether the applicants are entitled to retrieve their security/certificate of title comprised
in Leasehold Register Volume .. Folio … Plot … Sikh Lane, Nakasero, Kampala.

2. Whether the 2nd respondent as a mortgagor with an equal interest as tenant in common
with the applicants can lawfully prevent and stop the applicants from:

a) Retrieving the certificate of title deposited as security with the 1 st respondent from the
1st respondent for purposes of surveying off each applicant’s portion and acquiring a
certificate of title for the sub-divided portion of each applicant or otherwise merged in
the either applicant’s plot.

b) Registering the mutation and sub-division on the certificate of title known as

Leasehold Register Volume ..Folio .Plot . Sikh Lane, Nakasero, Kampala and
acquiring certificates of title for each applicant’s portion.

WHEREUPON the applicants shall move court to grant the following declarations and/or
orders:

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 a) The 1st respondent hands over to the applicants the certificate of title for Leasehold
Register Volume . Folio ..Plot . Sikh Lane, Nakasero, Kampala for purposes of
subdivision of the applicants’ portions.

b) The 2nd respondent be restrained from interfering with or obstructing the process of
survey and subdivision of the suit land for purposes of demarcating the applicants’
respective portions of the parent certificate of title.

c) Costs of this application be paid by the respondents.

d) That consequential or any other relief as court may deem fit and equitable be granted.

TAKE FURTHER NOTICE that this Originating Summons is supported by the affidavits of
XXXXX,YYYYY, GGGG, SSSSS, KKKK
and VVVV, the applicants verifying and setting forth consciously the facts upon which this
summons is found and shall be read and relied upon at the hearing.

YOU ARE HEREBY required, if you desire to be heard upon the determination of the questions
to appear personally or by advocate at the High Court, Land Division on the . day of
, 2024 at O’clock in the fore/afternoon when this court will proceed to make
such orders whether by declarations or otherwise as the court may think just and expedient.

GIVEN under my hand and seal of this Honourable Court this .. day of ..... .,
2024.

_______________________
JUDGE

DRAWN & FILED BY:

ADVOCATES
PLOT …
P.O. BOX ..
KAMPALA.

KINDLY DRAFT THE AFFIDAVIT HEREUNDER

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