THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT MUBENDE

CIVIL SUIT NO. 022 OF 2021

1. DEO LUTABI
2. SITEFARNO SEMILIMO
3. EDWARD KABILINDO
4. RICHARD KIZZA
5. GODFREY KAMYA:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFFS

VERSUS
1. MANUEL MAGARA
2. MUGABI ROBERT
3. COMMISSIONER LAND REGISTRATION::::::::::::::::::::::::::::::::::DEFENDANTS

PLAINTIFFS SCHEDULING MEMORANDUM.

Brief Facts.

1. The plaintiffs applied for leasehold on a public land at Mubende district, the said
application was received and a lease offer term was accepted starting from 1 st
September 1987 for 44 years on Plot No. 5 Block 375 Buwekula land at Kayebe
Mubende district measuring 1452 Hectares.
2. That the said lease was of 44 years was being renewed simultaneously with revised
ground rent, upon expiry and the plaintiffs obtained the leasehold title on 29 th July
1988 at 12:10pm instrument No.236690 registered as tenants in common in equal
shares. And the said title was issued on 2nd day of august 1988.
3. That between 1899-2003 Alex Bagirusa, Kasangazi M. Steven Kabwa and others
trespassed on the said land and were sued in Chief Magistrate Court of Mubende
where I succeeded and they were evicted by court.
4. However, Manuel Magara and others came and claiming to be having a share as
beneficiaries of the late Deziderio Ssenkusu on Plot 5.
5. The matter was reported to the Minister of land housing and urban development, and
Mubende district who held in the favour of the plaintiffs thus cancelling title of plot 6,
and filing of this civil suit No.022 of 2021.
 Plaintiffs pray for;

i. Declaration that the defendants are trespassers and have no Plot 5 Block 375.
ii. An order that Plot 6 was irregularly plotted onto Plot 5 and ought to be cancelled.
iii. Permanent injunction restraining the defendants and anyone claiming ownership.
iv. General damages, aggravated damages and exemplary damages,
v. Costs of the suit.
vi. Any remedy available.

Issues.

1. Whether or not the plaintiffs are the rightful beneficiaries of the suit properties, if so?
2. Whether the defendants have trespassed onto the said land?
3. Whether the defendants’ title was legally cancelled?
4. Remedies available for parties.

Plaintiffs list of documents.

1. As attached to pleadings and witness statements

2. Any other with leave of court.

Plaintiff’s witnesses.

1. Deo Lutabi
2. Birungi Albert
3. Sitefarno Semilimo
4. Any with leave of court.

Dated at MUBENDE this………… day of …………… 2024.

…………………………………………………………………….

COUNSEL FOR THE PLAINTIFFS

FILED BY
Katongole & Co. Advocates
P.O Box 4645 Kampala,
Simba Telecom Building first floor.