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Plaintff's Witness Statements
Plaintff's Witness Statements
Plaintff's Witness Statements
VERSUS
I SHIFA NANSUBUGA, C\O M/s Nasuuna & Co. Advocates, 2nd Floor Kirumira Towers,
P.O.BOX 400, Kampala, do solemnly make oath and hereby state as follows.
1. That I am a female adult Ugandan of sound mind aged 45 years, a resident of Kisugu,
Kibazo Road, Kampala and a Managing Director of MUKISA & SONS LTD, the plaintiff
in this case conversant with the factual matters surrounding the matter and swear this
witness statement in that capacity.
2. That I have been working with MUKISA & SONS LTD for a period of 7 years and am
familiar with the tenancy agreement entered into between MUKISA & SONS LTD and
Kob Management Services limited, the Defendant in this case.
3. That sometime in the year 2021, the Plaintiff company entered into a tenancy agreement
with the Defendant company to rent for business part of the Defendants building called
Sunset Building located at Plot 10, Kiyembe Lane, Nakasero in Kampala Central
Business District.
4. The Plaintiff rented the said premises for the purpose of selling of electrical products and
that the Plaintiff has been the market leader in selling of electrical products in Kampala.
5. That sometime in the year 2022, the Defendant the Plaintiff to execute fresh tenancy
agreements replacing the ones earlier signed which the Plaintiff accordingly executed.
6. Under the new tenancy agreement, he Plaintiff company was to pay a monthly rent of
USD 3000 (United states Dollars Three Thousand Only) per month and was to further
deposit a security deposit of USD 6000 (United States Dollars Six Thousand Only) which
was refundable at the determination of the tenancy.
7. That since 2021, the Plaintiff has been paying this rent promptly.
8. That at the beginning of the month of February. 2021, the Plaintiff company deposited
USD 1350 (United States Dollars One Thousand Three Hundred and Fifty) to the
Defendant as part payment for the rent of the month of February, 2021 leaving a balance
of USD 1650 (United States Dollars One Thousand Six Hundred Fifty)
9. That on the night of the 11th day of October2022, the Defendant company through its
agent and servants unlawfully and illegally placed locks all the entrance/ exit doors at
closure of business on the business premises of the Plaintiff and shut them up. The
Defendants locks were in addition to the locks which the Plaintiff had placed on.
10. That the plaintiff in its premises had three safe boxes and in one of them it was contained
USD 2000 and Uganda shillings Fifty million Five hundred sixty thousand only which
the plaintiff intended to access to pay the outstanding rental balance.
11. That as a result, the Plaintiffs business premises had on all entrances /exits the locks of
both the Plaintiff and Defendant thereby denying the Plaintiff entry into the said
premises.
12. That all efforts by the Plaintiff to have the premises opened were futile and the Plaintiff's
business premises remained locked for the three months.
13. That on the 30th of December 2022, the Defendant company acting through its agents
and servants unlawfully broke the Plaintiff's padlocks on the business premises. It opened
its locks (seals) which it had placed on the entrances/ exits of sealed premises on
the 11/October/2022 and removed the Plaintiff’s several valuable electrical products,
office equipment , shop fittings and computer and then locked the premises.
14. That on the 05th of July 2023 the Defendant again through its agents and servants came
back to the premises, opened them and collected the remaining electrical products and the
three safe boxes.
15. That according to the corrected report on establishment of stock value carried. out by
Mugume Associates who are certified Public accountants of Uganda, the opening
stock of MUKISA & SONS LTD as of the 11th October 2023 is UGX. 3,329.870,426
(Uganda shillings Three Billion Three Hundred Twenty Nine Million Eight Hundred
Seventy Thousand Four hundred twenty six only.
16. That the Defendant took a way three safe boxes, one of which contained USD
2000 (United States Dollars Two Thousand) and UGX 50,560,000/= (Uganda
Shillings Fifty Million Five Hundred Sixty Thousand) while others contained
business documents including the tenancy agreements.
17. That we have never received any of our retained goods and properties and do not know
where the Defendant Company is keeping them yet some of the goods are delicate and
expensive electrical products.
18. That the seizure of the properties caused Mukisa & Sons Ltd to suffer substantial
financial losses.
19. That Mukisa & Sons Ltd has made several attempts to resolve this matter with Kob
Management Services limited, but these attempts have been unsuccessful.
20. That I believe that Kob Management Services Limited’s actions were unlawful and that
Mukisa & Sons Ltd is entitled to the return of its properties and damages for the losses it
has suffered.
20. That I believe that all that is stated here in is true to the best of my knowledge and belief.
………………………………………………….
SHIFA NANSUBUGA
BEFORE ME
……………………………………
COMMISSIONER FOR OATHS
1. That I am a female adult Ugandan of sound mind, a resident of Kasangati, aged 34 years
and a certified public accountant working with Mugume Associates and I make this
statement in that capacity. ( Attached is an employment contract with Mugume
Associates)
2. That while working under Mugume Associates, I carried out a corrected report on
establishment of stock value of Mukisa & sons limited. (exhibit marked Identification
Evidence E )
3. That the purpose of the report was to establish the current stock value of Mukisa & sons
limited which could only be deduced by calculating its stock value at its opening in
January 1st 2021, the purchases it made within period of 1st January 2021 to 11th October
2023 and the sales it made within same period.( paragraphs 3,4 and 5 of the Corrected
Report on Establishment of Stock Value, Identification Evidence E)
4. That from the calculations of categories mentioned above, I was able to deduce that the
current stock value as of 11th October 2023 of Mukisa & Sons Limited was UGX
3,329,870,426 (Uganda Shillings Three Billion Three Hundred Twenty Nine Million
Eight Hundred Seventy Thousand Four Hundred Twenty Six only).
5. That all I have stated above in fact is true to the best of my knowledge and belief.
DATED AT KAMPALA this 22nd day of NOVEMBER, 2023.
……………………………………………………………………………………………..
NAMPEERA SPECIOZA
BEFORE ME
……………………………………
COMMISSIONER FOR OATHS
Drawn & filed by;
M/s Nasuuna & Co. Advocates,
2nd Floor Kirumira Towers,
P.O.BOX 400, Kampala, Uganda